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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 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 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. 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. 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 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 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 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...
Read more »

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 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 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 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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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on

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?

My father died in PR. He and my mom were legal married but separated only by common law, ages ago. About 30 plus years. She lived in ny and he travrlled. She did not remarry or have any other kids however he did have one son by another woman he was with for a long time under common law. My mother... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Aug 18, 2018

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... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Puerto Rico on

Q: My grandmother wants to sign the deed for her property over to me in Puerto Rico. what complications may I face?

She has the deed and it is registered with the property registry in her county under her name. I am not sure if she owes any taxes etc. on the property but she has owned this land for over 30 years. The property needs maintenance as well. I am looking for some tips in the right directin on how... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. There are various questions you need to be answered before you accept such as is there a mortgage, is this her only property, are there any children (future inheritors), is it tax free, any liens, ect. The first thing you should do is have a title search... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on

Q: My father-in law passed & had a Joint bank account with his daughter. 1 other son, how is that divided? No will

The son in not on the bank account.

Nelson Jose Francisco Alvarez-Aponte answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. Since he passed away with no will ( intestado) an estate must be created. This is done by filing a petition in court to name all inheritors. Once the court issues resolution, you mst file an inheritance tax return with the local tax office (Hacienda).... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on

Q: Need a legal aid dept. that can assist w/Declaratorio de Herederos in for senior collecting social security in PR

My sister is a widowed senior, owns a home in PR, wants to make arrangements for her siblings for the future according to the Puerto Rico laws & requirements/above documents, or Affidavits? Three living children, two live in NJ, one lives with her in the home in PR. Thank you. Any advice would be... Read more »

Ramon Olivencia, Esq. answered on May 10, 2018

Your sister would need to write a will so that she can designate her beneficiaries according to her wishes while making sure to follow the local laws of PR. An inheritance or probate attorney can help her with that.

1 Answer | Asked in Estate Planning for Puerto Rico on

Q: My husband passed. He has 3 children located in the US. Do they have right to all of his assets or just his property?

Naomi Jusino answered on Nov 30, 2017

For the estate and assest located in Puerto Riro, the local law applies to the heirs.

If he died without a will, you will need to complete a declaration of heirs and all the children will have rights as well as the widow.

1 Answer | Asked in Estate Planning for Puerto Rico on

Q: My grandmother passed a year ago. I currently live in the US And don't know how to find out if I am on the will

My grandmother passed a year ago. I currently live in the US but my grandmother lived in Puerto Rico. Before she died she told me i was added me to her will and my father stopped speaking to me, Its been a year and I have not heard from anyone to give me any information regarding this will. From... Read more »

Ray Choudhry answered on Sep 17, 2017

Did she own any real estate in Illinois.

If not, you will need to consult a lawyer where she was a resident.

It is possible that the properties were in joint names so that probate was not needed.

1 Answer | Asked in Estate Planning for Puerto Rico on

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?

My mother passed away in 2010. The lawyer that represented both my sisters is unable to help me because he represented them. My sisters and I have no contact at all and the money was divided by the courts in Bayamon, PR. I need to know which division within the court I should contact, as I have... Read more »

Ramon Olivencia, Esq. 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.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on

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

prepared by an attorney in Puerto Rico, is this the law there? Do i have to sign it? This POA was given to my stepfather who is the seller and it is his attorney. They are in the process of closing and are waiting for me to sign. i don't really understand the verbiage since it is in spanish and... Read more »

Ray Choudhry 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.

1 Answer | Asked in Estate Planning for Puerto Rico on

Q: I'd like to appoint two people as my executors - is that okay?

Naomi Jusino 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.

1 Answer | Asked in Estate Planning for Puerto Rico on

Q: My dad passed away. The house was under his name but he married for over 20 years. Who inherits his property?

The house is in Puerto rico

Naomi Jusino 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.

1 Answer | Asked in Estate Planning for Puerto Rico on

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?

I'm looking for a Legalzoom type of self-help option.

Naomi Jusino 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...
Read more »

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