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Puerto Rico Questions & Answers
1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: What does SUCN before a name stand for in Puerto Rico property records?
Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Feb 24, 2021

It is short for "Sucesión" or, in English, "Estate". It means that the proprietor passed away so the current owners are the heirs.

1 Answer | Asked in Family Law for Puerto Rico on
Q: I ordered a new Puerto Rico birth certificate about 3 months. Is there a way to for someone to go pick one up personally

I have ordered directly and through their recommended site. It’s been over 90 days

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 23, 2021

Greetings

The registry is working strictly on appointments and orders. Due to a large demand the request of birth certificates has piled up overwhelmingly during the pandemic situation we currently have.

I understand that you might have and urgent matter to attend, and while there...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: My grandmother was guardian of my mentally ill adult cousin. My grandmother has since passed away. What happens now?

Since my grandmother died, his accounts have been frozen and his disability checks have stopped coming. He cannot take care of himself and since he has no money his health care coverage has lapsed. Now he cannot get the mental health medication that he needs. My parents, both in their 70's are... Read more »

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 18, 2021

Greetings

First, You will have to write a letter with the case number to the agency (veterans or Social security) to make initial contact about the situation. To have that feedback, they will give you more clear options. The remedy will depend on the government agency. You may also have to...
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1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: Can I relinquish provisional custody of my cousin?

I got provisional custody of my cousin that is 18 years old as of now. His father is dead and her mother is in the USA , he has a sister but its also in the USA.Also his mother was in a legal battle with his father for years ( she left the kid with his father when he was around 4 years old or 6... Read more »

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 12, 2021

Greetings:

You may have to address these issues directly to the court. Right now you have physical custody. Since it was temporary. You can request for other guardians to take custody and responsibility.

1 Answer | Asked in Real Estate Law, Probate and Estate Planning for Puerto Rico on
Q: Can a grandchild claim real estate inheritance if the property has not been claimed by my mother or her siblings?

My grandfather passed away about 25 years ago and the property was never transferred to my mother or her siblings, it remains in his name. If 2 of the 5 remaining children will not voluntarily sign over the property, can I dispute? The house is derelict and unoccupied.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 6, 2021

Greetings

Yes, a grandchild can claim for his her rightful inheritance.

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Hello! Is it possible for me ( daughter ) to refuse any past due child support from my parent now that I'm almost 30?

My Dad has a past due amount that he owns to us, we are older, we don't want that money and we would like to know if we can file a letter or something refusing all the right to any past due amount ... Thank You!

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 6, 2021

Greetings

Yes you can. You can contact the agency that has jurisdiction over the case and write a letter and they will follow up on it.

1 Answer | Asked in Child Support for Puerto Rico on
Q: i just found out that i have a sibling after my father passed do we owe him child support in Puerto Rico?
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 6, 2021

Greetings

The truth is that you do not have to answer for the child support obligations that your late father had.

As a sibling, if he or she can file for siblig or parental support if he or she has one of the requirements that allow this to happen.

1 Answer | Asked in Child Support for Puerto Rico on
Q: My son is 31 yrs old and I still owe him back child support, do I still need to pay the back child support?

My son stopped going to school when he was 13 yrs old. When He was 16-19 yrs of age, he was living with me, but child support continued going.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Jan 26, 2021

Greetings:

You can notify the court or the agency that has jurisdiction over the child support case so they can ankowlege that you were providing and caring for your son with the proper evidence. Your son has to come forward and certify that this indeed happened. You may have to request an...
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1 Answer | Asked in Criminal Law for Puerto Rico on
Q: I summit a Interstate compact transfer on parole, Its a requirement to be marriage with the couple iam moving with.
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Dec 17, 2020

Greetings:

It is not a requirement that you're married to your third custodial party. The custodian will have to comply with the agencya requirements and give his/her information.

1 Answer | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: Como puedo salir de PR para irnos para los EU y este casada legalmente con el padre de mis hijos y el no quiere ?
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Dec 3, 2020

Saludos:

Se hace mediante una petición ante el tribunal mediante de un abogado y existen otros asuntos relacionados a atender.

Si tiene alguna otra duda, no dude en contactarnos directamente. Estamos para servirle.

1 Answer | Asked in Divorce and Real Estate Law for Puerto Rico on
Q: Hello, I purchased a property prior to getting married, in San Juan. Does my husband need to sign if I want to sell it?

I want to sell but he doesn’t and we are going through a divorce. I live in New York. Does he have any claim towards the property? It is a condominium. Thank you.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 26, 2020

Greetings

If you have a prenuptual agreement and/ or aquired the property prior getting married (like you wrote) the property is privately own by yourself under Puerto Rico property law. But in the absence of a prenuptual agreement, any income might be considered share property. There are...
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1 Answer | Asked in Mergers & Acquisitions and Estate Planning for Puerto Rico on
Q: My father passed away last year and i cant travel to PR due to being positive for covid. How can I assure it goes to me.

He passed away last year and I cant travel due to being positive for covid. Is it true I was only suppose to have a year to claim the property?

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 26, 2020

Greetings

You will have to evalaute whether if there's a need to bring to the court any other interested parties and hire legal representation. Now with this pandemic, there are ways to have a videoconference if the court is convinced that there's no need for you to be in person...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My parents both passed, the house in Puerto Rico was left three of us, but my younger brother went and change the name .

How could he had done that according to the paper in his name is on the house not my name or my other brother how could take him to court plus my parents were in a nursing home here in Bronx.

My sis in law is saying that if I go near her property she will call the police.

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Nov 25, 2020

If your parents did not leave a will, which is the overwhelming number of cases, then that is legally impossible to have happened. In particular, if the inheritance transfer process was indeed completed, the Property Registry will actually require and verify the Declaration of Heirs and can only... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: is a guardianship valid if the paper was notarized before i signed?
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 14, 2020

Greetings:

You and the parties involved have to be present in front of the notary when the document gets notarized. The parties involved have to sign on one joined act.

If you have any other questions, feel free to contact us directly and we will be glad to be at your service.

1 Answer | Asked in Family Law for Puerto Rico on
Q: i gave temporary guardianship to my cousin but i didn't go to a court or a lawyer i just signedknow i want him back

she doesn't want to give him to me she says i have no right but i am his mom and it was an agreement that he would come back with me

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 12, 2020

Greetings:

You have the right to and will have to file through legal representation in a court of law of law so you have your child back with you and for the court to evaluate if the agreement of temporary custody has been met and and that you are in the best position and ability to...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Hi, does a father have any legal rights to his children even if his name is on the Birth Cert. but never married lived w

Hi, does a father have any legal rights to his children even if his name is on the Birth Cert. but never married or lived with the child?

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 12, 2020

Greetings;

The answer is yes. You have all legal rights and obligations towards your children, even when you're not legally married or have never married the mother of your children. You will have to hire legal representation and file in a court of law to establish an official and...
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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I live in the US, my children live in PR. The dept social services has asked me to go meet with them.

They see reason to remove kids from mom. If I am awarded physical custody do I have to relocate to Puerto Rico or can I bring kids to US. We are now in court fighting for custody.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 12, 2020

Greetings:

If you're fighting for legal custody this means you have a legal representative. It is not our place to intervene in your attorney/client relationship or give you any legal counsel that may give the appearance of improper intervention due to ethical rules.

if...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father has a property in Puerto Rico and died in January 2017. My father lived in New Jersey and left a will.

What steps do I need to take now to sell the house and what are the fees associated with this?

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Oct 26, 2020

It´s difficult to offer an estimate without first looking at the details of your case, particularly the will and the details of the real estate. There are a number of steps to take by the attorney, which, in a nutshell, are: 1) validation of the will, 2) Inheritance Estate Form with the PR... Read more »

2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Puerto Rico on
Q: How long does my son's father have to be absent to be considered abandonment, and terminate his parental rights?

We are not married. His name is not on the birth certificate. I have proof he denied the baby, refused involvement, left &moved states during the pregnancy. I have proof that he refuses to tell me where he is. I offered him a DNA test which he also refuses. He has not offered any financial... Read more »

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Oct 25, 2020

Greetings:

You'll have to file a parental filiation or parentage case and all the case related to it. These type of case are very technical, so we advice you to hire legal representation.

If you have any other questions, feel free to contact us. We will be glad to be at your service.

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1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My dad passed away 8 yrs ago in P.R. & didn’t have a will. His estate went to probate court. How do i get a copy
Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Oct 23, 2020

You can obtain a copy via the courts at the same town/city where he lived or had his main real estate property, if any.

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