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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.
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 
¿Qué sucede si una persona envejeciente (de 84 años) firma un contrato de arrendamiento con promesa de venta y por desconocimiento, no le pidió al optante el pago por la exclusividad para guardarle la propiedad que le quiere vender? El envejeciente alega que de haberlo sabido, hubiese requerido... View More
answered on Jun 10, 2024
El Código Civil estipula que se presume que todo adulto es capaz. Si el envejeciente desconocía del proceso, pudo haber solicitado que un abogado de su confianza revisara el contrato de opción previo a firmar. Sin tener a mano el contrato de opción, la otra defensa que tendría el envejeciente... View More
Mi mamá hizo un contrato de arrendamiento con promesa de venta a una inquilina, pero mi mamá fue desalojada de un hogar que alquilaba. Por esto, necesita recobrar su propiedad para vivirla. Ella consiguió una casa de emergencia, bajo contrato 'house sitter', pero por 5 meses, y la... View More
answered on Jan 25, 2024
La cláusula de reembolso por mejora surge del Artículo 298 del Código Civil de Puerto Rico de 1930, ahora Artículo 763 del Código Civil de Puerto Rico de 2020. Por lo que usted indicó en su texto anterior, su mamá jamás autorizó la mejora permanente. Esto no es lo mismo a que ella... View More
My mother, in Puerto Rico, was evicted from a house she rented, and she promised her property to a tenant with a promise of sale, but my mother, 83 years old, needs it to live in. Can her eviction and her age be just cause for not selling the property and recovering it? Additionally, the tenant... View More
answered on Jan 25, 2024
In principle, destructing parts of a leased real estate property, especially if the rental contract has a clause against it, may be grounds for cancelling a lease and evicting the tenant. Your question does not state whether the tenant is the person with whom your mother signed the contract promise... View More
I need advice on suing my uncle who took over $30,000 from my mom's bank account while she was undiagnosed and in a nursing home in Puerto Rico without my consent as her Power of Attorney. Despite evidence from bank statements, attempts to report elder abuse locally and to Puerto Rican... View More
answered on Apr 8, 2025
Although attorneys in Puerto Rico could advise best, it's been a week since you posted. As my colleague correctly advises, an experienced elder law attorney would have knowledge in these types of settings. You were correct in choosing that as a heading above. The "Personal Injury"... View More
1. The house is in Jardines de Country Club in Carolina, Puerto Rico, 4 bedrooms, 3 baths, needs work and may be estimated to be worth an estimated +/- $150,000.
2. My siblings have cut me out of communications regarding my mother so this is why I believe placing a lien on the house would... View More
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answered on Sep 2, 2024
To file a lien against the sale of your deceased mother’s home in Puerto Rico, you would need to establish your legal right to a share of the property or the estate. Since you believe your siblings are excluding you from communications and possibly from any proceeds, you should start by... View More
I am unsure if my mother left a will (chances are she did), but how soon after her burial does it take to disburse with the house that was originally purchased by both parents around 1970, but then the father passes away? In this scenario, I understand that the house's worth is split 1/2 to... View More
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answered on Sep 2, 2024
In Puerto Rico, the process of disbursing a deceased person's assets, including real estate, depends on several factors, including whether a will exists and the specifics of the inheritance laws. If your mother left a will, the process to distribute her assets can only begin after the will is... View More
So I repeat. No will. No death certificate. I'm a grand child so apparently not entitled to one. How do I find out who the executor is?
answered on Aug 15, 2022
An attorney should be able to get you the death certificate and find out who the executor is if indeed you appear as the beneficiary on the will.
I know i am a beneficairy, but I don't have the will, and It says i am not entitled to the death certificate. I just want to reach the executor of my grandfather's estate cause they know I am a beneficiary and will tell me what I need to know. How do I find out who it is?
answered on Aug 12, 2022
If the person passed away in Puerto Rico and you are a beneficiary, an attorney should be able to obtain the death certificate for you, as well as a copy of the will.
he died and everyone said he left money for all his grand children, but my mother wont share a copy of the will. People are saying she stole my inheritence.
answered on Jul 25, 2022
I'm assuming that your grandfather died in Puerto Rico and that he granted his Last Will & Testament in Puerto Rico. As such, the first step would be to procure a copy of his death certificate from the Demographics Registry. With the certificate in hand, a request for certification would... View More
My elderly father was coerced by a salesperson (this man was an unexpected guest who tagged along with a "friend's" visit). After 8 hours, the man presented this item (at 12a) and my dad was coerced into buying a $4,000 vacuum. He is elderly, hearing impaired and was exhausted at... View More
answered on Jun 3, 2022
Financial exploitation of the elderly is regrettably becoming too commonplace. For the sake of our discussion, I'm assuming that your dad lives alone in Puerto Rico. Does he have any family living in Puerto Rico? A close relative would assist in minimizing the possibility of this scenario... View More
If person lives in PR but case is in Florida can they be deposed?
answered on Apr 29, 2022
Uniform acts such as UIDDA are not self executing. As a rule, a state's legislature must adopt the act by way of local legislation. That being said, depositions from a Florida state civil case can be taken on residents in Puerto Rico. However the deposition must follow the Puerto Rico Rules of... View More
To be able to deal with their insurance, bills and bank I have been asked several times if I have any documents that deemed me responsible legally for them. I'm not sure what the process is to do so and the responsibilities that come with the title of legal guardian.
answered on Sep 2, 2021
The Puerto Rico Civil Codes has a presumption that every adult is legally capable of managing his/her own affairs. Thus, getting to be designated as a tutor before Puerto Rico courts entails legally incapacitating your grandmother and grand-uncle. Doing so must be achieved in separate cases.... View More
My father's eldest brother, who was unmarried with no children, passed away in 2016, leaving behind property & bank accounts. My father buried his brother and he and I began the process of Declaration of Inheritance, with a Lawyer in PR, from New York, where we live. My father paid the... View More
answered on Aug 15, 2021
I don't know what happened with your dad's attorney, but that kind of situation could be easily researched. First, by making sure that the attorney is still in office, that is, if he has not passed away or perhaps migrated, as happened with a number of colleagues particularly after... View More
My mother is 78 years old and cannot care for herself. I pay for all the bills and expenses. My question is, is there any financial assistance available, through guardianship that I can apply for and how do I get this financial asistance in order to be able to pay the bills and all other expenses?... View More
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answered on Jul 21, 2021
Greetings:
Your mother can request government assistance to get food, try to qualify for medical assistance through medicaid and other services for the elderly through the local ombudsman offices as well as other government agencies that help the elderly.
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... View More
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... View More
Seeked Legal advice and handed checks over to this lawyer that were in both her name and my dad’s. That was 5 years ago and now the atty is avoiding my mom and has all her accounts frozen. The atty is also avoiding my calls. It is a large amount of money and my mom has not received a dime of... View More
answered on Jan 23, 2020
Hello and thank you for using Justia. You will need to create an Estate for your beloved Father and do a declaration of Inheritors in a Court process. Once the Court has issued the decrece declaring the inheritors , the next step is to file the Estate's Inheritance tax return. This will... View More
I reside in Puerto Rico with my parents, my father is 89 yo with advanced Alzheimer's and my mother is 81 and ambulates with the help of a walker.
answered on Jan 10, 2020
Hello and thank you for using Justia. In Puerto Rico we have tutorship and guardianahip . The major differences is that the first must be Court approved but the other can be done by a Notary Public if both parent's are mentally capable.
If you need additional information please feel... View More
Am with my mother over 120 hours a week.I prepare meals for my mom,clean house, do the yard work.Buy groceries and household supplies out of my own funds.Am a Marine Vietnam combat veteran withPTSD.The situation is very difficult because I’m wasting away so my mother can live and my siblings have... View More
answered on May 27, 2019
Hello and thank you for using JUSTIA. You have the right in Puerto Rico to file a complaint in court to force the sibblings to do thier share of the choirs. All children must do their share for care of thier elderly parent. This is the law.
answered on Sep 6, 2018
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.
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