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Puerto Rico Questions & Answers
1 Answer | Asked in Contracts for Puerto Rico on
Q: My wife wants to take her name off of the deed we just purchased in p.r. a few months ago.what is that process?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 23, 2020

Hello and thank you for using Justia. You first need to contact the morgage bank to remove your wife's name from the mortgage. Then you will need to draft a document of seperation of marital property to personal property under a postnupcial agreement.

If you need additional information...
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1 Answer | Asked in Elder Law, Probate and Estate Planning for Puerto Rico on
Q: My dad past away in Puerto Rico. He had joint ownership of their home and bank accounts with my mom. My mom seemed leg

Seeked Legal advice and handed checks over to this lawyer that were in both her name and my dad’s. That was 5 years ago and now the atty is avoiding my mom and has all her accounts frozen. The atty is also avoiding my calls. It is a large amount of money and my mom has not received a dime of... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 23, 2020

Hello and thank you for using Justia. You will need to create an Estate for your beloved Father and do a declaration of Inheritors in a Court process. Once the Court has issued the decrece declaring the inheritors , the next step is to file the Estate's Inheritance tax return. This will create a... Read more »

1 Answer | Asked in Family Law and Elder Law for Puerto Rico on
Q: Do I need a lawyer to file for legal guardianship of my elderly parents in Puerto Rico?

I reside in Puerto Rico with my parents, my father is 89 yo with advanced Alzheimer's and my mother is 81 and ambulates with the help of a walker.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 10, 2020

Hello and thank you for using Justia. In Puerto Rico we have tutorship and guardianahip . The major differences is that the first must be Court approved but the other can be done by a Notary Public if both parent's are mentally capable.

If you need additional information please feel free...
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1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Looking for Real estate information on property in Puerto Rico

My mother is the last living sibling and her father has a piece if property in Puerto Rico. My mother only knows the name of the area. How can I find out where it is and include that info in her will that we are trying to draft.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 10, 2020

Hello and thank you for using Justia. You will need to do a Property Registry study to find the location of the property. This can be done by an Attorney at a reasonable fee.

If you need additional information please feel free to contact me directly. Happy New Year...

2 Answers | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father passed away in PR I am his only surviving son. How can I transfer everything to my name as well as his paymen

My father still owes money to the bank in regards to four more payment but it is under my uncles name. The property had belonged to my deceased grandmother who currently has been set for my dad and uncles. My dad built a house on the property and I will like to know what to do to transfer it to me.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 2, 2020

Hello and thank you for using Justia. Happy New Year.

You will need to create an Estate for your beloved Father. This is done by hiring an Attorney in Puerto Rico to prepare the documents required to declare the inheritors.

First the search for a Testament will be done. If none is...
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2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Puerto Rico on
Q: my father has built a house for me to eventually inherit in PR. problem is my mother says her name is in the paperwork

for the land (not house itself) she did not put any monies into purchasing the land or construction. I have never seen any paperwork and want to find out how I can get all the information regarding the house. Does she have any rights over me for the house?. She does not allow me to do any repairs... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 1, 2020

Hello and thank you for using Justia. Happy New Year. If your parents we're legally married at the time of purchase of the land and constructión of the house without any prenupcial agreement, then most likely yes your Mother is half owner of the house and property. You Will need to verify the... Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Father past years ago. My prop was never put in my name. All other kids have there's, what can I do about mine

The property that was to be mine is setting. I'd like to build on it. But I have no paperwork or title. All other children have more than one property. Just need some help with what to do. My sister doesn't want to give me the property. Is there anything I can? Thank you

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 1, 2020

Hello and thank you for using Justia. Happy New Year. Yes you can have the property registered in your name. The process is to first do a legal study of your beloved Father's Estate in order to verify if said Estate was indeed created and probated as per law, registered and filed in the Registry of... Read more »

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support warrant see more information

My husband is getting child support taken out from his Check every week he was not aware of the order from Puerto Rico as the child or month we are no longer in Puerto Rico and he has been paying support directly to her. Now she has not been getting the money taken out, from asume in Puerto Rico as... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 26, 2019

Hello and thank you for using Justia. If the warrent has been issued and registered in the Federal NCIC system your husband shouldn't attempt to travel until he clears up the situatión with ASUME.

The first thing your going to want to do is contact ASUME and verify what type of warrent...
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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Puerto Rico on
Q: I moved to puerto rico with my 2year old child and want to move out but her dad says he can get me arrested?

He threatened me that he would call the police and get me arrested for kidnapping, he doesn't want the baby to leave. What is the law on this? Could I get in trouble? What can I do to prevent this issue? We are not married and I've been the one with her always. No custody by court, but I am the... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 26, 2019

Hello and thank you for using Justia. You have physical custody and as such can leave. However he does have parental rights and as such can file in court for visitation rights. The child also has rights to receive financial support from biological father. The best way to handle this situatión is... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: If there is an abandoned home overgrown and in disrepair in Puerto Rico and someone lives in it and repairs canitbclaime

Can the home be claimed if the person repairs it and inhabits it and claims it as there own and pays taxes on it.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 25, 2019

Hello and thank you for using Justia. You can claim it as your own through squatters rights. However this will take thirty years. Your best bet is to do a title search for the owners and then verify with the property tax authority (CRIM) if the property is under execution for collection of taxes.... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My parents passed away 28 yrs ago. My siblings and I never claimed the house. How do we claim the house? Is it too late?

We went and saw the house several years ago and no one has lived in it since they passed away. It does however, have lots of damage. We live in the states and not in PR making it difficult to keep up with it. We would like to sell it. What are the steps, if it's not too late, to claim the house... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Dec 23, 2019

You can still claim ownership but you should speed up since property taxes will accrue and you don´t want someone to occupy it since after a number of years they could later begin a process to transfer the title to their names.

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Puerto Rico on
Q: Can a single mother living in TX move to Puerto rico if child has dads last name but no court order custody?

Can a single mother be acussed of kidnaping her own child if theres no court custody order in texas and wants to get away moving to Puerto rico without permission due to emotional abuse from father Constantly being threatned with taking child from her, and constantly recording her to create a case.... Read more »

Jose Rivera
Jose Rivera answered on Dec 22, 2019

If there's no custody order at the moment and given some extraordinary situations, emotional abuse being one of those, you can travel to Puerto Rico with your kid and file for custody after 6 moths of living in here or request an emergency hearing where you can prove with legal assistance your... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: I was left a house in Puerto Rico from my mother. I have no documents pertaining to the house.

How can I go about getting the deed and other papers I need to sell?

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Dec 17, 2019

First, you have to make sure that the inheritance paperwork was finished so that the house is officially under your name. This can take time and effort and should only be done by an attorney. If you were "left a house" then we would assume it was via a will, which has to be validated according to... Read more »

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3 Answers | Asked in Probate and Estate Planning for Puerto Rico on
Q: My mother passed away 1 year ago and has property in Puerto Rico. I live in the US . What steps do I need for inheritan

My father still lives in puerto rico. I have a brother out there that can not trust. I cant go to Puerto rico but need to transfer the land to my name. Can I do it from the us? I dont have anyone I can trust

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Dec 12, 2019

You can do it from the USA but, just in case, you will need an attorney based in Puerto Rico. On the other hand, unless your mother left a will, any real estate assets left will be jointly split among her children, with a small portion going to your father, if they were still married.

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1 Answer | Asked in Child Support for Puerto Rico on
Q: My son is 20 years old and joined the armed forces, do I continue paying child support in Puerto Rico?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 6, 2019

Hello and thank you for using JUSTIA. Unless he has been emancipated under law, he is still a minor thus child support payments will continue. You must request emancipation. Once your son is emancipated, you then have to file a Motion in Court for the elimination of the child support order.... Read more »

2 Answers | Asked in Child Support for Puerto Rico on
Q: i live in Puerto Rico and owe child support in michigan will michigan have me extradited from Puerto Rico ?

if it's a felony child support warrant

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 2, 2019

Hello and thank you for using JUSTIA. A felony warrent can be executed in Puerto Rico if Michigan files a request thus in theory yes you can be extradited. Your best bet is to hire an Attorney in Michigan and have the case cleared up. You may be able to set up a payment plan and avoid extradiction.

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2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Uncle is trustee of family land. Dad passed, trustee didnt pass to his children. How can I get added to my family trust?

Uncle is real estate agent and has created a trust to place all siblings portions of the land into. However as my father has passed no action was taken by the trustee to include his children. He was not married and died in Puerto Rico. I sense my inheritence is being robbed by my dads siblings.

Jose Rivera
Jose Rivera answered on Nov 30, 2019

If you're member of a trust where your uncle included everyone of your siblings, including yourself, chances are that this was perpetuated by a procedure in a Court of law. Feel free to give us a call and contact our offices.

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2 Answers | Asked in Family Law for Puerto Rico on
Q: My Daughter in law is 18,her mother wants to see her but she refuses to see her,can a judge obligate her to see her mom?

Her mom took my son to court saying he won't let her visit but this isn't true,only not at our home because she is a problem person

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 24, 2019

Hello and thank you for using JUSTIA. Being a minor of 18 years old the Mother still has legal custody over her. Unless your son and her are legally married or she is legally emancipated, your daughter in law is still a minor under the custody of her parents. It is very unlikely that a Judge will... Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: If I have a property in PR that I want to give to my cousin how much does it cost to transfer ownership.

The property was purchased in full and doesn't have a mortgage.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 22, 2019

Hello and thank you for using JUSTIA. You can find your answer using the following calculator;

http://www.fianzanotarialpr.org/calnota/

This link Will allow you to figure out the total costs of the transacción you wish to do.

If you need additional information feel free to...
Read more »

2 Answers | Asked in Estate Planning and Probate for Puerto Rico on
Q: My uncle passed away about 5 years ago , my dad is only surviving sibling. How can my dad gain the rights to those funds

Pertaining to property and bank accounts

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 20, 2019

Hello and thank you for using JUSTIA.In order for your Father to inherit from his brother, your Uncle, the

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