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Puerto Rico Questions & Answers
1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Seller is breaching an active RE contract? How to get her to abide by the contract she signed?

I have a RE contract for $83k purchase price on a Condo in Santurce. Appraisal came in today at $67k. In the contract the seller agrees to negotiate if the appraisal is lower than purchase price.

I have contingencies in the contract for the appraisal amount & me successfully obtaining a... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 1, 2022

I'm assuming that you are referring to an options contract subscribed. I advise that you prepare a letter and send it via certified mail with receipt confirmation, whereby you (a) refer to the appraisal amount; (b) refer to the specific contract terms providing for good faith negotiation in... Read more »

1 Answer | Asked in Family Law and Health Care Law for Puerto Rico on
Q: What recourse toward hospital not living up to father's living will in PR? How do we take him off life support?

My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 29, 2022

The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Do I have to be physically present to sign/relinquish a deed? I am stateside and ex husband is residing in Puerto Rico

Deed is in both our names and I will relinquish it/ hand it over to him.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 26, 2022

I'm assuming that a real estate property is involved where both you and your ex husband owned jointly while married. If so, the liquidation of the marital community property must be done by way of a deed in which you both must appear signing, either by physical presence or by way of empowering... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Puerto Rico on
Q: In Puerto Rico, is it considered kidnapping if a married spouse refuses to return to the island with their child?

Address Loiza, PR. I am married & when traveling back to Florida, I chose to leave my husband, he new of the trip to visit my adult son & he purchased our tickets. Due to years of emotional abuse & an irreconcilable relationship. I have our 9yr old daughter with me, she is homeschooled... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 23, 2022

Under normal circumstances, the illegal deprivation of custody is considered a misdemeanor (Article 121 of the Puerto Rico Penal Code); and occurs when a parent is denied the custody of a child. However, it is considered a felony with a fixed jail term of eight (8) years when the minor is... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: My sister and I are about to purchase land in Puerto Rico. All paper work is good and land is clear with the state and

Town. We want to divide the land and register our parcel separately. How can we accomplish this? Can this transaction happen directly from seller to the two new buyers with each buyer claiming their part of the land? Or does it have to be registered under one person and then be separated? Need... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 20, 2022

The property must be segregated by way of a deed. Although this can be accomplished in the sales deed, you cannot segregate a property without procuring required legal permits beforehand. The quickest, most expedient way I recommend would be for you and your sister purchase the land and register it... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Grandfather died.Grandma want to sell home.I want to purchase.Can she sell without involving their children?

No will or anything

Ramon  Olivencia
Ramon Olivencia
answered on Sep 17, 2022

No, she cannot sell the house without involving their children. Assuming that the house was bought by both grandparents, your grandmother owns only half of the property, since the other half is to be divided among his children.

If he passed away after the new Civil Code of November 2020,...
Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: Under Puerto Rico inheritance laws do all heirs have to be present to collect their inheritance money from the bank
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 15, 2022

You need to repost your question under the Puerto Rico section not NJ as you have to have a chance of getting the right answer as here you will only get NJ lawyers and most don't know Puerto Rican law.

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Do I need to retain a lawyer to go before a court to address the matter of affiliation? before confirming a declaration

of heirs? Or is it as simple as just walking in? Can you recommend a lawyer in Isabela?

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Sep 14, 2022

Greetings:

It depends on whether the matter turns adversarial, if there are discrepancies or concerns the court might recommend it.

1 Answer | Asked in Family Law for Puerto Rico on
Q: My father only recognized my apparent sister verbally. Would her participation even

be relevant during the declaration of heirs? Thank you for your reply. Greatly appreciate it.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 6, 2022

The Puerto Rico Civil Code stipulates that a parent may recognize a child by any means; and, should the parent die, his/her heirs may recognize the sibling.

I’m assuming that your late father expressed his recognition of your sister to you. If so, even in the existence of a Will, I would...
Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: If both myself and (apparent) sister go before the court for the declaration of heirs, we will both be required to show

a birth certificate, but the apparent sister doesn’t have a birth certificate with my father listed as her father nor does she have DNA results to prove a legal relationship. So what can she do to be eligible to receive my father’s inheritance? Can her and I perform a sibling dna test? Will... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

The test results only present a probability of kinship between 2 sisters, especially when related by only one parent. Photo comparison with grandparents and other relatives also help. How and under what circumstances DID your father recognize her as his daughter?

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father died in 2021. His known descendant is me (his biological daughter). However, he claimed another young

lady as his daughter too, that I don’t think is biologically his. Will this young lady have to provide proof that she is indeed an offspring of my father’s to inherit a portion of his estate?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

You don’t state what form did your dad’s recognition of your (apparent) sister take. If your dad recognized her as his legal daughter in a Last Will & Testament, she would only need to provide proof of identity. With no Will, you’d both need to go before the court for a Declaration of... Read more »

1 Answer | Asked in Civil Rights for Puerto Rico on
Q: Can I sue Mayor of the city I live in with a Civil case for Fraudulently lying to me a retired missionary RN moved to PR

Post Maria in Puerto Rico involved major debris clean up. My brother happened to be standing by the wall the date the contracted crew did the damage to my wall when removing neighborhood debris. He was instructed to fill out local police which he did dated 12/2017. Then in 04/2018 when my... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2022

This looks like it involves hurricane-related damage that took place in Puerto Rico. The attorneys who practice there could advise better on this. You could repost under "Puerto Rico." You'll see a link, "Show More States." When you click that, you'll see... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: My abuelos passed they own 6 acres, an acre to each child how do we claim the forced heir.?

my grandparents left 6 acres 1 to each child. My mother was one of the children she passed away in 2019. I would like to claim her portion how can I do that? there are still 3 living heirs one still lives on the property in the house that is there. And the other is trying to get the property all... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 24, 2022

There are many questions yet to be answered in your request. Did either grandparent leave a will? were declaration of heirs petitions brought before the Puerto Rico courts? were their estates liquidated during your deceased mother's lifetime? Do you have any siblings from your mom? How many... Read more »

2 Answers | Asked in Child Custody for Puerto Rico on
Q: I am very soon getting joint custody of my son. I have an opportunity to get specialized training in the states

That will give me a lucrative occupation and more income. It will take a year or so. Can I keep joint custody and have him spend time there with me in the states while IIm getting my degree?Unfortunately will change the agreement on the days and time I keep him as we are proposing. Time is an... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Aug 22, 2022

Greetings:

You will have to notify the court of any changes and circumstances that may alter the agreements so it won't cause any conflict that may affect or reverse any progress on the custody agreements achieved in court.

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Four friends, two of which are a married couple, own property in Puerto Rico. Would a real estate trust be beneficial?

Upon death of one co-owner, it is deisred that the decedents share(s) pass only to the surviving partners.

This is the primary residence for the majority of co-owners.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 19, 2022

Puerto Rico Civil Code does not allow for donations to be made which may be perjudicial to an heir's share, should the donor die. That being said, a legitimate scenario would be for the two married couples incorporate or establish a commercial society, and transfer the property to the... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My grandmother is 94y old, of sound mind, PR resident. What is the average cost of drafting & filing a Living Will?

She is in the process of selling her home. In the event she passes before home is sold, the proceeds of the sale would go to the heirs.

At which time then, the heirs would need to file to obtain these funds. Is there a way to avoid the legalities later, by drafting & filing documents... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 18, 2022

Since your grandmother resides in Puerto Rico, your question would be better directed to attorneys in Puerto Rico instead of New York. However, regardless of the jurisdiction, a living will does not address the disposition of property but merely the care of someone who may become incapacitated.

1 Answer | Asked in Banking, Estate Planning and Probate for Puerto Rico on
Q: My grandfather passed away in Puerto Rico and left money in a account. How does does 1 child become sole beneficiary?

Moving this over somewhere else. Sorry

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 16, 2022

This is not a Family Law question and is not in New York. This should be posted in the estates catagory and in Puerto Rico.

1 Answer | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: I know I'm a beneficiary. Grandpa lived and died in Bayamon, PR. I don't have the will or know who the executor is. ?

So I repeat. No will. No death certificate. I'm a grand child so apparently not entitled to one. How do I find out who the executor is?

Ramon  Olivencia
Ramon Olivencia
answered on Aug 15, 2022

An attorney should be able to get you the death certificate and find out who the executor is if indeed you appear as the beneficiary on the will.

1 Answer | Asked in Contracts and Energy, Oil and Gas for Puerto Rico on
Q: If I sign a lease agreement in Puerto Rico for reusable energy for 25 years and I die does the lease agreement stops?

I want to know if my family are obligated to continue paying my lease agreement if I die in Puerto Rico. Property is not involved. Energy service.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 15, 2022

As a general rule, when a person dies, his/her estate is made up of that person's assets and outstanding obligations (liabilities). As contracts go, usually, the death of one of the subscribing parties terminates the contract. Nevertheless, the lease contract should be revised to determine... Read more »

1 Answer | Asked in Family Law and Estate Planning for Puerto Rico on
Q: i need my fathers will from arecibo puerto rico
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 15, 2022

In order to procure your father's will, you first need to procure or provide his death certificate. With the certificate, we request a certification of will from the Office of Notary Inspections. Said certification will identify whether your father was testate upon his death, the will's... Read more »

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