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Puerto Rico Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: How would i sell land inherited via a will, in Puerto Rico when there are legal issues with the title?

My parents own 75% share of land in Rincon, PR. They now live in Virginia, and I live in Arizona. They have 3 separate legal issues with the land where people have built homes on my parents land many years ago. My parents have been paying property tax on the land but the 3 squatters have been... Read more »

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

Hello and thank you for using Justia.

You mention squatters and this is a very important matter. If said squatters have lived on that property for more thirty years they can claim rights to said property and thus become the owners. It is urgent that you act now. A very good way to act is to...
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1 Answer | Asked in Elder Law, Probate and Estate Planning for Puerto Rico on
Q: My dad past away in Puerto Rico. He had joint ownership of their home and bank accounts with my mom. My mom seemed leg

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... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte 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 create a... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Looking for Real estate information on property in Puerto Rico

My mother is the last living sibling and her father has a piece if property in Puerto Rico. My mother only knows the name of the area. How can I find out where it is and include that info in her will that we are trying to draft.

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

Hello and thank you for using Justia. You will need to do a Property Registry study to find the location of the property. This can be done by an Attorney at a reasonable fee.

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

2 Answers | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father passed away in PR I am his only surviving son. How can I transfer everything to my name as well as his paymen

My father still owes money to the bank in regards to four more payment but it is under my uncles name. The property had belonged to my deceased grandmother who currently has been set for my dad and uncles. My dad built a house on the property and I will like to know what to do to transfer it to me.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 2, 2020

Hello and thank you for using Justia. Happy New Year.

You will need to create an Estate for your beloved Father. This is done by hiring an Attorney in Puerto Rico to prepare the documents required to declare the inheritors.

First the search for a Testament will be done. If none is...
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2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Puerto Rico on
Q: my father has built a house for me to eventually inherit in PR. problem is my mother says her name is in the paperwork

for the land (not house itself) she did not put any monies into purchasing the land or construction. I have never seen any paperwork and want to find out how I can get all the information regarding the house. Does she have any rights over me for the house?. She does not allow me to do any repairs... Read more »

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

Hello and thank you for using Justia. Happy New Year. If your parents we're legally married at the time of purchase of the land and constructión of the house without any prenupcial agreement, then most likely yes your Mother is half owner of the house and property. You Will need to verify the... Read more »

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3 Answers | Asked in Probate and Estate Planning for Puerto Rico on
Q: My mother passed away 1 year ago and has property in Puerto Rico. I live in the US . What steps do I need for inheritan

My father still lives in puerto rico. I have a brother out there that can not trust. I cant go to Puerto rico but need to transfer the land to my name. Can I do it from the us? I dont have anyone I can trust

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Dec 12, 2019

You can do it from the USA but, just in case, you will need an attorney based in Puerto Rico. On the other hand, unless your mother left a will, any real estate assets left will be jointly split among her children, with a small portion going to your father, if they were still married.

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2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Uncle is trustee of family land. Dad passed, trustee didnt pass to his children. How can I get added to my family trust?

Uncle is real estate agent and has created a trust to place all siblings portions of the land into. However as my father has passed no action was taken by the trustee to include his children. He was not married and died in Puerto Rico. I sense my inheritence is being robbed by my dads siblings.

Jose Rivera
Jose Rivera answered on Nov 30, 2019

If you're member of a trust where your uncle included everyone of your siblings, including yourself, chances are that this was perpetuated by a procedure in a Court of law. Feel free to give us a call and contact our offices.

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2 Answers | Asked in Estate Planning and Probate for Puerto Rico on
Q: My uncle passed away about 5 years ago , my dad is only surviving sibling. How can my dad gain the rights to those funds

Pertaining to property and bank accounts

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 20, 2019

Hello and thank you for using JUSTIA.In order for your Father to inherit from his brother, your Uncle, the

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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My Mother passed & we found out she has a few thousand in her bank acct. What is needed from the siblings to close acct?

Is there a process for closing the account and distributing the funds? The bank said a letter is needed from siblings. We want to use the money to fix my moms house.

Jose Rivera
Jose Rivera answered on Nov 3, 2019

Greetings

Yes, there is a court process that will help on distributing the funds, bonds, stock or property any property that belong to your late mother. This will allow you and your siblings to release the funds from the bank. If you have any other questions please feel free to contact me...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Puerto Rico on
Q: Great-uncle wants to gift me his house in PR, can he gift now or do a testament naming me sole heir?

Great-uncle has property but no other assets. He’s single and no children. He was one of 11 children (6 full siblings and 5 half siblings). My great-uncle does not want any of his siblings nor their children to inherit his house or anything. I am his “tutor” aka guardian and the only one that... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 26, 2019

Your great uncle "can" gift you the house now or he "can" gift you the house in his will. Whether he "should" do one or the other is an entirely different question. There are many issues for him to consider, especially with respect to lifetime gifts, including but not limited to loss of control... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: My grandfather passed nearly 6 years ago. My grandmother is still very much living and well. Together they have a house

A house in Pr. They have 3 daughters- should my grandmother decide to sell the home will she need to give the daughters a share or is that only if she has passed and then the children inherit the estate?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 10, 2019

Hello and thank you for using JUSTIA. The three daughters are the inheritors of your Grandfather's Estate which in turn is half owner of the house. In order for your Grándmother to sell the property, she will need to first create your Grandfather's Estate in Court, file the Estate taxes and... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: How can I acquire a good Lawyer in Puerto Rico to handle an Estate & Inheritance issue in Caguas, PR, from New York?

My father's eldest sibling passed away in December of 2016, in Caguas PR. He was my father's only remaining sibling, was unmarried and had no children.

Shortly after his brother's passing, my father went to Puerto Rico to arrange his brother's funeral and secure his home, discovering that... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 24, 2019

Hello and thank you for using JUSTIA. In order to do this you Will need to do research and evaluate your findings. A good way is to evaluate these websites, the prófiles and the Answers given to questions that the lawyers answer. I for one am an Attorney in Puerto Rico and speak English fluently.... Read more »

2 Answers | Asked in Estate Planning for Puerto Rico on
Q: Can I, please be directed where in Puerto Rico I may get an answer whether a case for inheritance has been filed?

Our mother died, followed by stepfather, youngest 1/2 sibling has hinted he has attorney for inheritance who has filed and brother claims it is all his and other 1/2 siblings (step-father's children). He has not been forthcoming with any other info., nor has his attorney. I would like to confirm... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Jun 7, 2019

Normally, the case could be searched under the heir filing the case.

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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Are all living children responsible for inherited property taxes even if some have given up their claim?

There are 5 living children who inherited land from deceased parents. 4 of the kids are giving up their share. Are all the kids still responsible for the payment of property taxes whether or not the property is sold, or if the government takes control of the property and demolishes the house on... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on May 16, 2019

If they haven´t actually received the inheritance yet, they should resign it by subscribing a deed through an attorney.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: My husband is buying a property in Puerto Rico which he will put under an established Real Estate LLC which he owns.

If he passes, is this considered community property under our marriage? What kind of will does he have to make to make sure that I receive at least 50 percent of the value of the property? Would it have to be a will from Puerto Rico or will a US will be enough?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 27, 2019

Hello and thank you for using JUSTIA. An LLC corporación is one which does not have stock holders but rather administrators of the corporation. If the purchase is made with money from the marital community then the marital community is the administrator of the LLC and you would be administrator of... Read more »

1 Answer | Asked in Estate Planning and Family Law for Puerto Rico on
Q: Does Puerto Rico have a "Small Estate Affidavit" or equivalent legal document?

I am trying to close out an account a "poor pensioner" friend of mine had with Wells Fargo. He was resident in Puerto Rico when he passed away. He created a Will with a Lawyer their in Puerto Rico and made me the executor and heir of his estate. In the will he disinherited his children with whom... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 19, 2019

Hello and thank you for using JUSTIA. Puerto Rico does not have a Small Estate process. The only way to liquidated assets of the deceased is by probate through the Court. This is done by filing a petition with the Court.

The first step is to get a certified copy of the Will through the ODIN...
Read more »

1 Answer | Asked in Estate Planning and Divorce for Puerto Rico on
Q: How long does it take to get a court date in Puerto Rico for a divorce?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 19, 2019

Hello and thank you for using JUSTIA. This año depends on what grounds you have filed the divorce under. A mutual consentimiento case is usually one week but a infidelity case can be more than a year. The average usually is 90 days to 6 months.

Once you file the Court automáticamente...
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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Puerto Rico on
Q: my father passed away 5 years ago. mom wants to sell the house but she has 9 kids. one son is dead and we can't find his

son. does mom really need to have copies of all the birth certificates plus the birth certificate of her dead son's son. Since mom cannot find her grandson can she still sell the house?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 8, 2018

Hello and thank you for using JUSTIA. Yes your Mother needs to create your beloved Father's estate. Only your Father's children need to be mentioned in the petition to create the estate so only thier perspective birth certificates are needed. If the deceased son was from your Father then we would... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My mom is in the process of closing my deceased father's bank account in Puerto Rico. I have two sisters that

live there with my mom. I live in the US. The bank told her they need all four of us to sign for the funds to be paid out to my mom. Since i'm not there, what kind of document do i need to authorize any of my sisters to sign on my behalf? Would a power of attorney suffice?

Naomi Jusino
Naomi Jusino answered on Oct 18, 2018

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...
Read more »

2 Answers | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: For a will, Must the parent include all the children in the will
Naomi Jusino
Naomi Jusino 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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