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Puerto Rico Questions & Answers
1 Answer | Asked in Contracts for Puerto Rico on
Q: Is a contract legally binding if I signed it as an 18 year old in puerto rico?

I'm an American and staying in Puerto Rico right now. I'm 18 and I signed a contract here while in puerto rico. Is it legally binding? I was born in America and I do not have a Puerto Rican citenzship.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 21, 2020

Hello and thank you for using Justia. We are all American citizens since anyone born in Puerto Rico is an American citizen.

In Puerto Rico, a person is considered as being under the age of adulthood until the age of twenty-one. Under age twenty-one you are a minor and thus donot have the...
Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: My daughter will be 19 and lives in PR. I'm non-custodial parent. She wants to live with me in FL. Is she an adult now?

Do I need to file a court authorization request?

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

Hello and thank you for using Justia. In Puerto Rico she is still an underaged minor for many legal situations, custody being one of them. The best scenario is for all three to talj it over and then decide. The daughter can petitión the Court for emancipation or intervention on certain family... Read more »

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: How do I collect my inheritance when it’s been deposited into court waiting to be collected? I live in the states

My grandmother estate was finally completed and told that Judge put my portion of the inheritance Into court system till I collect. I live in the states and it’s a pandemic so I can’t fly to P.R. to collect inheritance and I do not have money for a lawyer plus I don’t even know how I would... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Sep 1, 2020

You need to hire an attorney, particularly since you don’t know the intricacies of our court system and you are from out of state. Besides, if you will be getting some moneys then it will be wise to

use a portion of it to pay for legal services. After all, it’s not that straightforward...
Read more »

1 Answer | Asked in Adoption for Puerto Rico on
Q: How do you obtain a birth certificate after being adopted in Puerto Rico?

Born in New York. At age 7 adopted in Puerto Rico. How to obtain Puerto Rican birth certificate with adoptive parent info?

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

Hello and thank you for using Justia. Since you we're bien in New York City you do not qualify for a birth certificate in Puerto Rico. You will need to get a name change in New York State Courts using the adoption decrece issued un Puerto Rico.

If you need additional information please...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: A friend needs to transfer a home to my name that's free and clear because I gave her the money to purchase. What to do

The home isn't purchased yet. Sellers will only sell to her not me. I'm going to give her the money for a cash deal. How could I get a contract with her to protect myself and how do I transfer in my name after the purchase and what's involved

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

Hello and thank you for using Justia. The best and safest way to complete your goal is by making a Power of Attorney in her favor to represent you in the purchase.

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

1 Answer | Asked in Family Law for Puerto Rico on
Q: I'm 16 and live in Puerto Rico can I leave without consent?

I'm currently living under to much stress and pressure. With parents that don't try to understand how I feel or change. They can be very toxic and it affects me mentally. Can I leave without consent and stay with friends?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 27, 2020

Hello and thank you for using Justia. Un Puerto Rico the law states that a person is an under aged minor until the age of twenty-one. Thus being an under aged minor, they are under the custody of an adult. Thus you cannot leave without authorization from your parents or your custodial adult.... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: Is it legal if I open an account in Vanguard or Fidelity, in USA, and name my son as the only beneficiary? I am married.

In Puerto Rico, the law entitles the spouse to receive as much as the children, the same amount, of an inheritance. Does the money in a bank or invested in the USA count for the inheritance or only the money in Banks in Puerto Rico? I don’t want to do anything illegal. Thank you for your response.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 27, 2020

Hello and thank you for using Justia. The best way to avoid doing anything illegal is to create a Testament and specify what each inheritor shall get.

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

1 Answer | Asked in Banking, Estate Planning and Probate for Puerto Rico on
Q: I am a legal resident in P Rico. If I die, will the bank in US block my account there or my son can take some $$ asap?

When a puertorican or legal resident in Puerto Rico dies in Puerto Rico, are all US territories, banks in the US, notified or only Puerto Rico and banks in Puerto Rico?

If only banks in Puerto Rico are notified, does that mean my son can use my debit card from an account in a US bank and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 25, 2020

Hello and thank you for using Justia. The death of the holder is usually informed to the banks by third parties. There is no system of notificatión in Puerto Rico. Your son will be able to use your card as long as the Bank has not found out of the death. Your best bet is to make a Testament and... Read more »

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: How long do I have from the time of default to file suit against someone who has defaulted on a written contract?

It is currently at $6,000.00 and they have not made a payment in nearly 7 months.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 25, 2020

Hello and thank you for using Justia. This depends on the subject of the contact and it's contents. If it is a personal debts such as rental agreements, loans, etc. has a time bar of 15 years. To find other Statutes of limitaciones please refer to the following link,... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Inheritance rules in Puerto Rico

In Puerto Rico my grandmother passed and her 4 children inherited her home. The paperwork and the home were completed and now they are the sole owners. One of the 4 died, now there are 3. The one that passed had a daughter but she passed away as well, but she has a son that is alive.

Does... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Aug 23, 2020

Yes, the grandson becomes the 4th owner but that is not automatic since the inheritance transfer would first need to be done for the co-owner that died and also for the daughter as well; two separate probate cases.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My fiance purchased land in puerto rico a year ago and doesn't want it anymore. I will be taking over the payments

My fiance purchased land in puerto rico a year ago and doesn't want it anymore. I will be taking over the payments how do we go about transferring my name as the owner? Are there fees etc?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. The first thing that needs to be done is to qualify you for the transfer of the mortgage account. If the holder of the note accepts the transfer and/or the substitution of the debtor then a new Deed will need to be executed in your name and then submitted to... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How do I find out how much a house was sold for 3 years ago? We believe my cousin may have ripped my father off

He is 84 years old and he only received $10,000 from the sale. We believe it was sold for way more money and she kept the difference.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. You can verify with the Notary Public whom signed the sales agreement. You can also verify with the Property Registry Department and/or CRIM(Property Taxes).

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can my spouse sell our mutually owned property acquired during marriage without my consent?

My wife listed our property for sale without my consent. I only recently found out. It’s been on the market for a year now again without my knowledge. Can a realtor list the property without my consent? Will my spouse be able to sell the home without my consent? We both reside in NJ. Please... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. Under local laws, both spouses are equal owners and admistrators of the property. As an administrator of the marital society, all acta have to be in benefit of the society. Thus she can hire a Realtor and list the property for sale, however no transfer of said... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Hi, My Brother passed away a year ago. He owned a house in Aguadilla, PR that was paid in full.

Before my brother passed away a year ago he made a will had it witnessed and notarized in his county of residence in FL. In the will he left equal parts of the house enherited to his mother, his niece and his only daughter. His life insurance and bank accounts were left 100% to his mother. How can... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. Under Puerto Rico Inheritance Laws, one-third of all belongings are reserved for the children. Thus the Testament (Will) made in Florida would not be a legal document in Puerto Rico since it violates the Inheritance Laws of Puerto Rico. Thus under local Law,... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will.

Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will and now she wants to sell. She was the beneficiary on his 401k. Does she have full ownership of the home now and if not what steps must she go through to sell the home. He does have a some... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. You first have to define joint ownership. If the property is registered in the Property Registry Department un both names then we have a legal Community Property Society.

Once this is established, an Estate must be created for Probate. You have stated...
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1 Answer | Asked in Business Formation for Puerto Rico on
Q: Is it recommended to sell a home fsbo if it has inherente?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. You should not sell any property until it's titleship has been cleared. The title must be in all the names of the Inheritors. You will first need a Declarations of Inheritors process before you can legally sell.

If you need additional information...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Can a parking lot for heavy machinery (trucks, diggers, excavators, etc.) be placed in middle of a residential area?

In a barrio that is mainly residential, a contractor has decided to store his equipment in the middle of a residential neighborhood. At the entrance to the barrio, close to the highway that runs past it, he established a parking lot/junk yard that has suddenly run out of space. He bought another... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. You will need to consult with the Municipal Code to verify if there is any regulations on this matter. You can also file a consultation request with the Planning Board and the Permits and Regulations Board (ARPE) to verify if the proyecto has Permits for said... Read more »

2 Answers | Asked in Estate Planning, Elder Law and Probate for Puerto Rico on
Q: What is the caregiver law that states the person who solely cared for family has a right to compensation from family?

Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 14, 2020

Hello and thank you for using Justia. Care givers benéfits are available but only while the care giving is being given. No benéfits after death.

What you need to do is Probate the Estate and Testament. This wll assure your share of the Inheritance.

If you need additional...
Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Q: My M-i-L has a property in PR with 2 tenants, neither have contract. She is interested in selling the house. Any issue?

One tenant on main floor and other on 2nd floor is her granddaughter (i.e. my niece) with her boyfriend whom has a child (not my niece's child). What steps can MiL take to sell the property?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 11, 2020

Hello and thank you for using Justia. No contract, no legal issues. Your M-i-l Just needs to list the property and sell it.

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandparents passed. No will was left. How can my dad get the house in his name?

My dad's brothers aren't interested in the house but also don't want to sign it over. We have been living in this house over 30 years, since before my grandparents passed.

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

Hello and thank you for using Justia. You Will need to file in Court a judicial process for Declarations of Inheritors. Once the Court has issued a Resolución, the next step is to file the Inheritance Tax Return requesting a Tax Reléase. With said Tax Reléase the property Inheritors will be... Read more »

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