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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
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.
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...
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.
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... View More
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... View More
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... View More
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
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.
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.
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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.
Pertaining to property and bank accounts
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
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.
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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... View More
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... View More
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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... View More
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?
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... View More
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... View More
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.... View More
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... View More
answered on Jun 7, 2019
Normally, the case could be searched under the heir filing the case.
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... View More
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.
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?
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... View More
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... View More
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... View More
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... View More
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?
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... View More
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?
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... View More
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.
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... View More
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... View More
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