Puerto Rico Questions & Answers by Practice Area


Puerto Rico Questions & Answers

Q: Will I lose my house or car if I file for bankruptcy?

1 Answer | Asked in Bankruptcy for Puerto Rico on
Answered on Apr 16, 2018
Timothy Denison's answer
Not necessarily. Depends on several factors, including equity in each and which chapter of the code you file under. In a Chapter 13 wage earner repayment plan, highly unlikely. Chapter 7 will depend, but maybe not in a 7 either.
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Q: My father in law perished during hurricane Maria on the island of culebra. There was No will and there is property

1 Answer | Asked in Probate for Puerto Rico on
Answered on Apr 14, 2018
Ramon Olivencia, Esq.'s answer
Yes you can. However, given the complexity of inheritance laws, particularly if you don´t live here or you don´t speak Spanish, it is highly recommended that you hire a lawyer, one that perhaps won´t charge you up front. In the long run, you will realize that for the amount of work, details and tasks to be done, that this was the right thing to do.
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Q: At what age does child support obligations end in PR?

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Mar 15, 2018
Naomi Jusino's answer
Dear Reader:

As a normal rule, the alimony or support obligations ends at the age of 21 (legal age). But your dauther can request support after 21 years if she is studying and/or has any limitation to work or live independently.
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Q: If my spouse files for bankruptcy will it affect my credit?

1 Answer | Asked in Bankruptcy for Puerto Rico on
Answered on Feb 16, 2018
David Earl Phillips' answer
It would if you jointly apply for credit together. Guilt by association. Best to only get credit in your name to avoid this problem. Another problem could be if she had joint debt with you when she alone filed bankruptcy. If she does file bankruptcy, check your credit a few months after her case is over and be sure no mistakes were made to affect your credit as it could occur with you being married and at the same address. If so, you could then dispute the error and have it corrected. Hope it...
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Q: How do I go about getting a merchant served in Puerto Rico? Who do I call in puerto Rico to file a claim dispute/case?

1 Answer | Asked in Contracts and Business Law for Puerto Rico on
Answered on Jan 30, 2018
Leonard R. Boyer's answer
Contact a Puerto Rican attorney in Puerto Rico.
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Q: How do I go about filing small claims dispute in court if the merchant lives in Puerto Rico and I live in New Jersey?

1 Answer | Asked in Contracts and Small Claims for Puerto Rico on
Answered on Jan 23, 2018
Leonard R. Boyer's answer
You will have to have the merchant personally served in Puerto Rico. Everything else would be the same. Depending on the amount of money involved, you may want to retain counsel, but collecting on a Judgment may be very hard.
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Q: My son is 25 years and he doesn't have a job but he needs to pay Child support. Am I responsible to pay childsupport?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Jan 22, 2018
Bari Weinberger's answer
Thank you for your question. No, you would not be responsible for pay your son’s child support obligation. I strongly suggest that your son contact a family law attorney that would be able to give him advice and devise a plan in order to request a reduction of child support.
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Q: I am buying a property in Puerto Rico and have PR power of attorney so my father can sign closing documents, if I get it

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jan 7, 2018
Ramon Olivencia, Esq.'s answer
It would need to be notarized in the US and sent to PR with a County Clerk’s Certificate of Notarial Authority attesting to the Notary Public´s authorization for the date of the signing. Then a local attorney (a notary public) in PR would need to have it "protocolized", that is, to be made part of what we call it here the "Protocol", which is basically what attorneys´ official collection of deeds. It´s very important that the POA drafted be written in a way that the financial institution...
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Q: We married in PR over 20yrs, have been living in the states for 15years. Do I need to travel to PR for a divorce?

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Dec 24, 2017
J. Richard Kulerski Esq.'s answer
No. It's where you live at the time of the divorce that counts, not where you were married.
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Q: Where does child support goes to the state or the mom in puerto rico if I start paying childsupport & I'm behind 4000

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Dec 21, 2017
Naomi Jusino's answer
Hi,

All the money for alimony is deposited in a child support (ASUME) account in Puerto Rico and it goes directly to the mother or father with custody of the child.
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Q: My husband passed. He has 3 children located in the US. Do they have right to all of his assets or just his property?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Nov 30, 2017
Naomi Jusino's answer
For the estate and assest located in Puerto Riro, the local law applies to the heirs.

If he died without a will, you will need to complete a declaration of heirs and all the children will have rights as well as the widow.
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Q: About 2 years ago I won a civil case in Puerto Rico. But I havent received all money. What can i do now?

1 Answer | Asked in Civil Litigation, Criminal Law, Municipal Law and Collections for Puerto Rico on
Answered on Nov 28, 2017
Michael David Siegel's answer
You can docket the judgment from Puerto Rico in New York. You need to get a certified copy from the court there.
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Q: Are there any resources in PR for dealing with Parental Alienation issues?

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Puerto Rico on
Answered on Nov 9, 2017
Naomi Jusino's answer
Yes.

Under a case of custody or visitations you can allege Parental Alienation.
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Q: My mom died and 12 days later my father died, both in Puerto Rico. They both received Social Security.

1 Answer | Asked in Probate for Puerto Rico on
Answered on Nov 1, 2017
Andy Wayne Williamson's answer
You might qualify for administration without probate but can’t say for sure without more info. If you have to hire an attorney the Cody of the attorney would like outweigh the value of the estate. Even if you figure out (on your own) how to do the probate your time is worth something per hour so just count the costs and decide your path.

Good luck,
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Q: My grandmother passed a year ago. I currently live in the US And don't know how to find out if I am on the will

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Sep 17, 2017
Ray Choudhry's answer
Did she own any real estate in Illinois.

If not, you will need to consult a lawyer where she was a resident.

It is possible that the properties were in joint names so that probate was not needed.
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Q: I adopted my step daughter in FL how do change her birth certificate in Puerto Rico

1 Answer | Asked in Adoption and Family Law for Puerto Rico on
Answered on Sep 8, 2017
Naomi Jusino's answer
Hi,

If you want to change the information in a birth certificate issued by the demographic registry in Puerto Rico, you will need to file a case about change of name of correction of birth certificate in the district court where the child was born. You will need to state why you request the change of name and definitely you will need to present evidence of the adoption case.
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Q: Being my fathers only child, do I have any entitlements if removed from my fathers will and assigned to a non-relative?

2 Answers | Asked in Contracts, Real Estate Law and Probate for Puerto Rico on
Answered on Aug 12, 2017
Vincent Gallo's answer
In New York, you would have no rights, provided that your father made competent decisions of his own.
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Q: hello I and my older brother and sister received an inheritance. Since I was away for a long time neither sibling will

1 Answer | Asked in Family Law, Real Estate Law and Probate for Puerto Rico on
Answered on Aug 3, 2017
Ramon Olivencia, Esq.'s answer
You could first try to see if there was any court case filed either through the

judicial system per se or by contacting an attorney.
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Q: How long after filing for bankruptcy will the creditors stop calling me?

2 Answers | Asked in Bankruptcy for Puerto Rico on
Answered on Aug 2, 2017
Stuart Nachbar's answer
Creditor calls and mailings should stop within 2 weeks of filing
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Q: I have 1/3 of an inheritance sitting in the courts in Bayamon since 2016. I have the file #. How do I retrieve my money?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Jul 3, 2017
Ramon Olivencia, Esq.'s answer
It has to be done in writing through the court, via the Accounts Division, but it´s usually difficult to find someone who is English-speaking. However, a lawyer will be able to get the money in a relatively speedy manner. Feel free to contact us if you want this to be taken care of right away.
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