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Puerto Rico Questions & Answers
2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Attorneys who practice in Puerto Rico could advise best, but your question remains open for over two weeks. Did the agreement for the course you offered include any clauses about where disputes or collections would be handled? That could be the first thing to look into. One option is to approach... View More

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2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Addendum - I just noticed that the manner in which I wrote my response may not have seemed fully clear. By "local," I should have made it clear that I meant local to Puerto Rico. Good luck

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1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Small Claims for Puerto Rico on
Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks

He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 22, 2024

Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.

Your attorney can file a...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Terminating a lease

If the landlord wants to terminate the lease, how many days notice and does it have to be in writing and laws when the person is a senior citizen

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 20, 2024

The answer to your question should be included within the rental contract that you both should've signed. As a rule, most rental contracts have a 30-day advance notice clause for termination of the lease.

If the landlord/landlady attempts to evict, and the leasee is an senior citizen,...
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1 Answer | Asked in Contracts for Puerto Rico on
Q: Hello. Is there a way I can file a small claim against an LLC registered and located in Puerto Rico?

I am an owner of a small trade business, located in Texas. My business sold goods to a company from Puerto Rico that failed to pay. As of now, it is 1-year payment delay, when originally agreed terms were net 30. The company in Puerto Rico doesn't respond to phone calls and emails. Payment... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 20, 2024

There is an expedient way to collect an outstanding debt by presenting the debt before the Municipal Court of the city where the debtor resides or operates. Along with a copy of the contract and corresponding invoice, the creditor must also attest as to the attempts made to collect. As a rule, your... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Took a loan to buy a house w/gifted down-payment from a live in partner. Can live in partner claim co ownership later?

Before entering into real estate purchase, live in partner expressed verbally that even though only 1 person was entering a mortgage contract that any contributions made to improve the property will be compensated and accounted for before any profits of sale was split between the two parties. And... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 4, 2024

I am inferring from your question that your then live-in partner does not appear on the sales deed. If this is the case, your live in partner does not have a participation right in the real estate property, although he can have a right to receive repayment of the amount that he provided for the... View More

1 Answer | Asked in Family Law and Elder Law for Puerto Rico on
Q: How is the compensation of elderly caregivers or tutor established?

My brother is currently taking care of my elderly disabled father in PR and is requesting to be paid an unafordable amount in order to do so.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 4, 2024

The rule of law in Puerto Rico establishes a maximum of 10% of the elderly unfit's bank accounts, subject to assignment by the court. In order to claim compensation, your brother must demostrate that taking care of your elderly father has caused your brother financial loss, such as not being... View More

1 Answer | Asked in Car Accidents for Puerto Rico on
Q: A guy hit my car March 31st 2024, it was his fault and I have the police report. My insurance paid for my car to get fix
Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

An attorney who practices in Puerto Rico could advise best, but your post remains open for two weeks. Your post didn't include a question. But it looks like your insurance company handled matters as a first-party claim. Bases on liability, which you mention is in your favor, it's possible... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Venta de la casa con 8 herederos pero 1 se niega a vender, aunque no vive en la casa

Somos de Puerto Rico, 8 hermanos vivos. Nuestros padres fallecieron y una de mis hermanas se ha hecho cargo de la casa por 12 años, incluyendo su total mantenimiento. Ella ya esta haciendo los tramites para vender la casa, pero una de mis hermanas (que vive en otro lugar), se niega a vender la... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 22, 2024

Los herederos restantes pueden acudir ante el Tribunal del municipio donde se halla la casa, en una demanda de liquidación de comunidad hereditaria. La hermana que no desea vender tendría que ser emplazada (por edicto, si vive fuera de Puerto Rico o si no la pueden ubicar). Al vender la casa, la... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Puerto Rico on
Q: I need an attorney who is licensed in Puerto Rico. We are living in NY

My mother found out that she was left out of an inheritance. There is land in Puerto Rico that belong to her Grandparents and her father and his siblings. Her dad passed away when she was young, but her dad was the eldest son then came all the other siblings. Her uncle was the only child still... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 7, 2024

Your text does not detail how your mother found out about her inheritance. First off, you would need to identify the real estate property in Puerto Rico, procure either a title study or registry certification for the property to understand whether or not it still remains in your grandparents'... View More

1 Answer | Asked in Contracts and Education Law for Puerto Rico on
Q: Hello I signed a ISA for a coding school and on the contract in the disclaimer it says it is not a credit or loan

But according to the to the The Consumer Financial Protection Bureau and the Department of Education it is in fact a private education loan are these grounds for Misrepresentation? I signed the contract because they kept sayin it is not a loan

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 30, 2024

My immediate advice to you is to never sign any agreement/contract unless you fully understand what it is that you are signing. A general rule of law is that ignorance of the law does not exempt you from it's compliance; and contracts are considered law between the subscribing parties.... View More

2 Answers | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: In Puerto Rico, what is the legal citation or statute(s) that provided for a “step up” in a home’s value for the heirs.

Mother passed away June 2024. Father passed 10 years earlier. 4 children set to inherit and are having home appraised.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 20, 2024

For a person that died prior to January 1, 2018, the value of the deceased's participation in any real estate property reported in the estate tax return filed for that person is valued at fair market value, typically submitted along with an appraisal of the real estate's value at the time... View More

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2 Answers | Asked in Real Estate Law, Family Law and Probate for Puerto Rico on
Q: How do you solve this property inheritance issue in Puerto Rico?

4 siblings inherited a property. 2 siblings have their own properties. 1 sibling put $8,000 into the inherited property and the last sibling is currently living in the property and is claiming that they now own the property all though they are all on the title.

The sibling that put the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 30, 2024

The sibling who paid out $8,000 into the inherited property has the right to recover $6,000 from his/her siblings. If an heir assumes exclusive possession of the property in detriment to the other sibling's inheritance rights, any can go before a court of law to request a liquidation of the... View More

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2 Answers | Asked in Car Accidents for Puerto Rico on
Q: I live in puerto rico. A guy hit my car and doesn't want to pay me, but my insurance paid me to get my car fixed.

My insurance charged me my deductible but paid me in full to repair my car even though I was not at fault.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

An attorney who practices in Puerto Rico could advise best, but your question remains open for over a week. Until you are able to speak with a local attorney, the short answer in most places nationwide is that you have the right to pursue the deductible when liability (fault) is in your favor.... View More

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1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Q: Is donation a viable option if the land and property on the land does not have a deed? what would be the impact of an

excuted donation when the land and property are not registered? Was the donation process illegal and can the lawyer be held accountable for malpractice if it impacted tax liabilities to all other heirs of an unregistered, unsegregated land belonging to multiple parties?

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex question involving several aspects of Puerto Rican property law, tax law, and legal ethics. I'll break down the key issues and provide some general insights, but please note that this is a situation where consulting a qualified local attorney would be crucial for specific... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: Which Department to I check with for unclamed funds from the Sale of a Family Estate in Puerto Rico?

My Grandmother signed some documents while sick in a Hospital in PR and has since passed. Her Family never received a copy of the document signed and her heirs have not received their share of inheritence from the sale of a large multi-acre sale in Puerto Rico. My mother is now up in age and... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information provided, there are a few potential avenues you could explore to research unclaimed funds from the sale of a family estate in Puerto Rico:

1. Departamento de Hacienda (Department of Treasury):

This is indeed a good place to start. The Departamento de...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: can the birth mothers name be changed to the adopted mothers name?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 24, 2024

Under Puerto Rico Rule of Law, a birth parent's name may be changed in the birth certificate to the adopted mother's name through an adoption petition submitted to a court of law, so long as the child is under 18 years of age. If the birth mother is still alive, she would have to be... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: What does this statement signify in laments term on a donation document being drafted for my father who is still alive?

"clarify that they acquire a participation equivalent to _percent in the property described above, in such a way that, from now on, they are all owners of it in community of property. It is noted that all those appearing parties in this act have been warned about the legal effects of the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 20, 2024

In layman's terms, what the paragraph means is that all of the owners each has a participation of a specific percentage over the entire real estate property, but none has specific ownership. For example, if the property is a house, no one owns the kitchen or the bathroom, etc. A subsequent... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: What is the best way to leave property and unsegregated land to desired heirs? Are there any processes that do not

require a declaration of heirs? As an example, can the land be donated prior to death? If donation or a Will is processed, will it still require a declaration of heirs process? when is deciding to submit a donation or Will a good idea? Does it make the overall process easier for the heirs? If no... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 18, 2024

The most control that you have over leaving real estate property, before death, is by donation; after death, conditional to your having left a will before your passing. If you leave a will, the declaration of heirs will not be necessary. Whether to transfer the property via donation or by way of a... View More

1 Answer | Asked in Estate Planning and Family Law for Puerto Rico on
Q: My father died without a will in Puerto Rico and named his best friend as the co-owner and benficiary of his money.

My father died without a will in Puerto Rico. Before he died, he named his best friend as the co-owner and beneficiary of the bank account in Puerto Rico. My father was married for 18 months to a foreign woman who NEVER LIVED in Puerto Rico with my father and of course, she is asking about the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 17, 2024

First of all, I would need to know when did your father die. If he died after November 28, 2020, his wife is as much an heir as your father's children. Although your father may have designated his wife as co-owner of bank funds, once the banks are notified of your father's death,... View More

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