Puerto Rico Questions & Answers by Practice Area


Puerto Rico Questions & Answers

Q: J&W Grading shiped my equipment to Puerto Rico thru trailer bridge barges never worked and can’t get equipment back

1 Answer | Asked in Contracts for Puerto Rico on
Answered on Oct 22, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. You will need to file a judicial claim against all involved inorder to get youŕ equipment returned /or sent to its destination and claim your economical losses. This entails hiring an attorney to file claim. If you need additional information or assistance with this or anyother legal matter please feel free to contact me.

Q: If I am a renter in Puerto Rico and my landlord doesn’t help fix things in apartment how can I leave the contract?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Answered on Oct 22, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. The landlord is required by law to repair certain fixtures of said property. You can either use the rental payment to do the repairs or you can notify the landlord that you intend to move at the end of the next month if said needed repairs are not assumed by the landlord within a reasonable time period and as such this months rent shall be held and not paid as a garantee of repairs to be done and/or the down payment given at the start of the rental...

Q: Child support PR. Kid 19 move from PR to US to live alone and has a job. Child support stop?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Oct 22, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. The child support payment is for the expenses of the child. If the child is no longer with the mother then you must file a court motion stating that the child is no longer in Puerto Rico nor living with the mother and as such you request that child support payment order be eliminated. If you need any further information or assistance with this or anyother legal matter, please feel free to contact me.

Q: My mom is in the process of closing my deceased father's bank account in Puerto Rico. I have two sisters that

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Oct 18, 2018
Naomi Jusino's answer
Dear Reader:

You can sign a power of attorney, but to be valid in Puerto Rico, you will need to send the document in original with a certification of the County Clerk. Once they have the document in Puerto Rico, the will need to attend to a Notary Public so that they can validate it and can be used.

Q: How may I get information on a paternity court case in Ponce Puerto Rico that happened between 1984-1986.

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Oct 17, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. You can use the following web link : http://www.ramajudicial.pr/consultas/casos.html

This will give you the court case number. Once you have the case number you will need to request the court file which will be in the archives of the court located in San Juan. This might take upto two months to locate the file. Once the file is located they will notify the files availability for review. You will review the file and then request a copy of...

Q: If a custody order has been determined by another state

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Oct 15, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. A Puert Rico court cannot overturn a ruling made by a court from the other states . outside ofChild custody ruled by an out of jurisdiction court can not be overturned by a Puerto Rico court. The term "overturn" means to review the courts ruling and change said ruling due to an error or wrong ruling. It is an appeals process. Since the Puerto Rico courts only have jurisdiction in Puerto Rico, it cannot review a court ruling issued by a court from...

Q: Does Puerto Rico take into consideration children from a current marriage when calculating child support

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Sep 25, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. Yes Puerto Rico does include all your biological or legally adopted children. Before you request any evaluation from the court please verify the manual used by the courts to assign child support payments. On page 16 of the "Reglamento Núm. 8529 de 30 de octubre de 2014, Administración para el Sustento de Menores, Departamento de la Familia, según enmendado por el Reglamento Núm. 8564 de 6 de marzo de 2015 11Administración para el Sustento de...

Q: I am trying to find out what a charge of AGGRAVATED ILLEGAL APPROPRIATION from 2007 in Puerto Rico means

1 Answer | Asked in Criminal Law for Puerto Rico on
Answered on Sep 20, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon. This simply means illegal appropiation of goods. The alledged crime commited was theft without any violence to the victim. If the amount stolen was under one thousand dollars then it is a misdermenor (article 192 of the penal code) punishable by up to three months in jail, probation, house arrest or community services in addition to restitution of value of stolen goods. If the amount is over one thousand dollars dollars then it is a third degree felony (article 194 of the penal...

Q: Change the name of the mother deceased to the only surviving daughter?

1 Answer | Asked in Real Estate Law and Municipal Law for Puerto Rico on
Answered on Sep 18, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. The surviving daughter has to create her beloved mother's estate and file aprobate court proceedure. The court will then issue a decree naming all of the mother's children (dead or alive) members of the estate. The nephews and nieces will then have to create the deceased member of thier grandmother's estate inorder to represent said member as part of said estate. Each estate will need to file an inheritance tax return and when a tax release is issued...

Q: How do i get a copy of divorce certificate when the full name of one spouse is unknown & date of divorce in unknown?

2 Answers | Asked in Divorce for Puerto Rico on
Answered on Sep 15, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. There are two ways for you to achieve your quest. The first way is to request the divorce decree from the court and the second way is to request the certificate from the Registry of demografic records (Registro Demografico). Your best bet is to do an on-line search of the court records in your beloved father's name and with the information you discover request the certificate from the Registro Demografico. You can do the on-line search using the...

Q: I lost all of my property because of Hurricane Maria. How do I file for bankruptcy in light of natural disasters?

1 Answer | Asked in Bankruptcy for Puerto Rico on
Answered on Sep 7, 2018
Timothy Denison's answer
You file just like any other case and list the loss under casualty.

Q: Hi. Im a disabled vet and my son gets benefits from chapter 35 DEA. Can those payments cover child support?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Sep 7, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. The answer is yes it will be considered as child support since it is monies paid to him from your behalf. The payment that your son gets every month is a benefit due to your military service thus it is a benefit from your labor. Said payment is given to him because of you and as such is a payment given by you indirectly so it is child support.

Q: For a will, Must the parent include all the children in the will

2 Answers | Asked in Estate Planning and Elder Law for Puerto Rico on
Answered on Sep 6, 2018
Naomi Jusino's answer
Dear Reader,

The answer in first hand is yes.

A reason to exclude children is that the Testator disinherit a child in the will. If not, the Will can be contested.

Q: What is the procedure when widowed dad passes away and owned a home in P.R. He also had POA's for me & my two siblings

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Answered on Sep 6, 2018
Naomi Jusino's answer
Dear Reader,

In Puerto Rico, once a person passes away, the heirs has to inform if the person had a Will. If not, they will need to start the process of Declaration of Heirs so they can take any decision with the estate left.

Q: Do all parties have to be present at a house closing in PR? Can someone stateside have documents mailed?

2 Answers | Asked in Real Estate Law for Puerto Rico on
Answered on Sep 4, 2018
Ramon Olivencia, Esq.'s answer
You could always have a Power of Attorney be prepared by a local attorney in PR, who will know what to include in such document. However, the POA will have to name a local representative to be present at the sale.

Q: MY parents own a home in PR. MY mother passed away 2 years ago. My dad was thinking of selling but my brother thinks

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Aug 28, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. Your father is 50% owner thus he can sell the property since no member of the estate is obligated to continue in the estate

Q: Mom passed away a couple of weeks ago. I have POA.. Cant afford to pay $4000 to change the deed of land.

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Answered on Aug 27, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon akd thank you for using JUSTIA. There are no free lawyers for your case since said case will generate funds once it is sold. Why you state that it will cost $ 4000 to change and liquidate the property is beyond me. The costs and expenses of changing the name in the property registry usually is relativly inexpensive. You can calculate this amount at the following web site

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

The power of attorney is void once the...

Q: Mom and dad are on the deed of a house my dad passed away and my mom wants to sell, what portion of the sale is hers?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Aug 25, 2018
Ramon Olivencia, Esq.'s answer
If they were married without a pre-nuptial agreement, then her stake would normally be 50% plus what is called in Puerto Rico the "cuota viudal usufructuaria" ("surviving spouse's usufructuary portion"), which is a percentage calculated by a special formula according to several factors, including her age, life expectancy and number of children.

Q: Do you have any right to widow inheritance or fee in Puerto Rico if you are not living with your spouse for 30 years?

1 Answer | Asked in Divorce, Estate Planning, Family Law and Probate for Puerto Rico on
Answered on Aug 18, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. In Puerto Rico a marriage can only be ended two ways thatis by death and by divorce. Thus your mom by virtue of civil law is the legal widow and does have inheritance rights of half of your fathers estate since all purchases and net gains during marriage are of marital property. When one gets married the couple automatically creates a marital property society which means that all properties, goods and net gains or losses belong to the marital...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.