Puerto Rico Questions & Answers by Practice Area


Puerto Rico Questions & Answers

Q: I have 1/3 of an inheritance sitting in the courts in Bayamon since 2016. I have the file #. How do I retrieve my money?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Jul 3, 2017

It has to be done in writing through the court, via the Accounts Division, but it´s usually difficult to find someone who is English-speaking. However, a lawyer will be able to get the money in a relatively speedy manner. Feel free to contact us if you want this to be taken care of right away.
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Q: Does a will have to be file? Or does the lawyer that drew the will automatically Files it?

1 Answer | Asked in Probate for Puerto Rico on
Answered on Jun 26, 2017

The attorney will automatically file or register it within 24 hours of the signature.
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Q: if I sent a power of attorney for the purpose of inheritance and in return i was asked to sign a special power of

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Answered on Jun 20, 2017

1. You never sign something you don't understand.

2. You don't do anything until someone explains why you are being asked to do it.
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Q: If a woman is married in Puerto Rico and live in pr with her husband and kids can she divorce and bring the kids to usa

1 Answer | Asked in Child Custody and Divorce for Puerto Rico on
Answered on Jun 12, 2017

Yes. You have to file a divorce and custody case in Puerto Rico. You will need to request the transfer of residency of the minors to the USA. The court will evaluate the request so you can travel to the US with the kids.
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Q: My sister passed away and so did my Mom. My father had a house in P.R. and it is about to be sold by his other children

2 Answers | Asked in Real Estate Law and Probate for Puerto Rico on
Answered on May 22, 2017

Your sister's heirs are her next of kin, that would be her children if she had any, if she didn't it would be her siblings from her nuclear family such as you. Really there is a lot more to this and a full analysis is warranted by an estate and probate attorney.
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Q: I'd like to appoint two people as my executors - is that okay?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on May 15, 2017

Yes.

Under the laws of Puerto Rico you can have as many as executors you want always under the right Power of Attorney.
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Q: I live most of the year in Florida and want to buy a vacation rental in Puerto Rico.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on May 14, 2017

Yes, you will need to pay a monthly "room tax", at a rate of 7%, to the PR Tourism Company -a government agency- for any short term rentals less than 90 days.
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Q: for several years now, my husband's sister has been staying in our home in Puerto rico while we stay in our home in NY.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Puerto Rico on
Answered on May 3, 2017

Start proceedings to evict her, a local landlord and tenant attorney can help.
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Q: Are there any types of income or assets that are off-limits during a divorce where there's no pre-nuptial agreement?

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Apr 18, 2017

Under Puerto Rico laws, if you get married without a prenuptial agreement everything obtained during the marriage (assets or debts) belongs to both spouses, except all you acquired by inheritance.
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Q: Can police pull you over for any reason if they suspect you might be driving under the influence, or are there limits to

1 Answer | Asked in DUI / DWI for Puerto Rico on
Answered on Apr 18, 2017

Yes they can if they have reasonable doubt about your sobriety, for example driving on zigzag, if you assume conduct that violates transit or transportation laws, etc.
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Q: I own half of my house with my husband but we have separate bank accounts and credit cards.

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Apr 18, 2017

Under the laws of Puerto Rico, the answer is yes. If you married your husband without a prenuptial agreement, all of what you have (assets and debts) will be divided by half during a divorce. Otherwise, if you signed a prenuptial agreement, the division will be different.
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Q: What are my rights as a mother that wants to leave Puerto Rico but the father does not want to sign the permissions?

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on Apr 18, 2017

Hi,

Even if the father doesn't gives you the permission to leave Puerto Rico, you can file a case of Custody and transfer of the minor to the US. This will take a while if the father doesn't consent quickly, but the Court will initiate an evaluation of the new residence of the minor and will or will not allow you to travel to the US. The permission will depend on the evidence provided to the court.
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Q: My dad passed away. The house was under his name but he married for over 20 years. Who inherits his property?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Apr 18, 2017

Hi,

Under Puerto Rico laws, the right heirs of your father are his daughters or sons and the widow. If he made a Will, the document will state who are the heirs.
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Q: Can I get a divorce in PR if I've only been here 6 months (Left FL due to fear of husband harming me or my child)?

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Apr 18, 2017

Hi,

In Puerto Rico you can initiate a Divorce process under the following:

1) If you got married in Puerto Rico

2) If you didn't got married in Puerto Rico but has resided here for more than one year, or

3) If the reason of the divorce started in Puerto Rico, even if you didn't got married in Puerto Rico or have the one year residence.
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Q: My mother is on a fixed income and is a resident of PR. She can't afford 600.00 for a will. Any affordable options?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Apr 18, 2017

Hi,

The cost of a will in Puerto Rico will depend on the Notary Public that you contract.

There are some options for indigent people such as: Corporacion de Servicios Legales de Puerto Rico an Pro Bono de Puerto Rico.

If your mother doesn't qualify for any of these programs you can contact a Notary Public in Puerto Rico and try to settle a payment plan or lower costs for the service.
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Q: What steps are required to transfer everything into mine and sister's names if mother recently passed w/o a will?

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Answered on Apr 18, 2017

Hi,

If your mother passed without a will, and if she left estate in Puerto Rico, you will need to initiate a process of Declaration of Heirs. For this process you will need to file a Petition in the court with jurisdiction, present evidence of the Death Certificate, if she was married a Marriage Certificate and birth Certificate of all the heirs. After you receive the Resolution from the Court you will need to file some documents in the Department of Treasury and as after a few...
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Q: My ex doesn't want to send my daughter with me over summer vacation from FL. We signed an agreement. What can I do?

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Apr 18, 2017

For all you state, you have the right to enforce all you have settled with you daughter's mother.

You have right of visitation and spend time with her as the agreement signed. If she doesn't comply, you can require her through Court in Puerto Rico and a judge may order her to comply with the agreement.
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Q: Property Registry, Inheritance and Reverse Mortgage

1 Answer | Asked in Consumer Law, Estate Planning and Real Estate Law for Puerto Rico on
Answered on Apr 11, 2017

Most likely a "Declaration of Heirship (Declaratoria de herederos)" , and a form to the Treasury Department needs to be filled in order to register the house in the Property Registry to the heirs. Also your husband can donate his participation in the heirship to his mother. All that needs to be done before doing any transaction with the house (selling, mortgage, etc).
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Q: Can a notary in Puerto Rico write up a will or does it have to be done by an attorney?

2 Answers | Asked in Estate Planning for Puerto Rico on
Answered on Mar 27, 2017

Was it a notary public or a civil law notary? Apparently Puerto Rico, although a U.S. possession, does have civil law notaries, who can write wills.

But the important question is whether the will is effective. You have posted this question in the Florida law section, so I am assuming you want to know if the will can be admitted to probate in Florida. If it was executed with the formalities required of wills in Florida, yes, it probably can.
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Q: Can I legally talk to a judge so I can have full custody with my mom and my dad could have visitation rights?

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Mar 18, 2017

Yes, as a last remedy and, in some cases, after social workers interview the child, there is a possibility that the minor can be interviewed by the judge. There has to by a reasonable cause or sustanciable controversy for that petition to be accepted by the judge. A child testifying in court about his/her preferance of cuatody is the excemption.
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