My father’s will gave my mentally disabled sister 75% of the house and surrounding land in Puerto Rico with the balance divided evenly between me, my other 2 sisters and my brother. However because she can’t live alone (my father was taking care of her on the property) she wants to give me her... Read more »
answered on May 22, 2023
The only way to achieve this would be through a court authorization. Puerto Rico Civil Code presumes that all adults are judicially capable to make their own decisions. In the case of mentally disabled adults, a lawsuit must be filed with the court to legally incapacitate your sister and assign her... Read more »
Cobrar rentas, utilidades, administrar y tomar medidas de protección del caudal. También añade facultades extraordinarias para la ejecución del testamento de vender. ¿Con esa facultad extraordinaria de vender, puedo vender solo con la autorización verbal de los otros herederos forzosos sin... Read more »
answered on May 22, 2023
Buenas tardes. Antes que nada, una vez fallecido su padre, son dos pasos que debe llevar a cabo: Primero, debe levantar un inventario del caudal en los primeros 30 días siguientes al fallecimiento, para tener una idea de lo que dejó. Segundo, debe acudir al tribunal para solicitar cartas... Read more »
¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) cuando uno de los herederos (total de 6 herederos directos) ha tomado posesión de la casa y se niega a aceptar cualquier venta de la propiedad?
answered on Mar 23, 2023
Primer paso (si ya no lo ha hecho) debe ser solicitar, mediante Petición al Tribunal, que se expida carta testamentaria a su favor como albacea. Para esto, debe otorgar declaración jurada aceptando usted el cargo de albacea. Esta declaración jurada se envía al notario que autorizó el... Read more »
I live in Florida and my son lives with his mother in PR. His mom gave him 2 options... (1) go to College and study whatever you want or (2) Join the Coast Guard. I know my obligations if he decides to go to college, but if he joins any branch of the military at 18 years of age, I can't... Read more »
answered on Mar 16, 2023
Your message does not state whether child support was assigned by the Puerto Rico courts. In any event, even if and when your son reaches the legal age of 21, release from child support payments is not automatic: you would have to submit a Motion before the Court for relief from child support.... Read more »
Property filed under name of spouse who developed Lewy body dementia and Alzheimer's. Can property be transferred to the healthy spouse? What rights, if any, do the children of the sick spouse have to the property in question? Do the children need to be considered in the transfer of property... Read more »
answered on Mar 6, 2023
Under Puerto Rico law, an incapacitated individual's property may not be transferred to another person. Nevertheless, the administration and care of said property may be assigned to another. The healthy spouse would need to incapacitate the spouse suffering from dementia and/or alzheimer, and... Read more »
The place has great emotional value to all, We all grew up there, but one brother has taken over, made additions to the the house and now claims it to himself, restricting or downright prohibiting the entrance to all others against our mother’s wishes. He will not reason and broke contact with... Read more »
answered on Feb 23, 2023
When one of many heirs assumes control of an hereditary estate, the final recourse is to go before the courts in Puerto Rico. You may not want to sell, but your siblings have an equal right in the matter. Also, Puerto Rico Civil Code states that no commoner may be forced to remain in a property... Read more »
I have a horrible relationship with my parents but all my problems and fights are with my mom, they are both still married and live together with me at my house, my mom once called the police to kick me out because we had a fight and the officer said theres nothing they could do because i was 18... Read more »
answered on Jan 27, 2023
Your boyfriend's mother is correct: until you reach the age of 21, Puerto Rico Rule of Law considers you underage, subject to your parents' authority. You provide little information regarding the family dynamics in your home. Has your father intervened regarding your eviction? If you feel... Read more »
answered on Jan 19, 2023
Regardless of whom your selling your participation to, the Puerto Rico Notary Law requires a notary to identify the personal circumstances of each person who appear before him/her to subscribe a deed or sworn statement. Each person must demostrate that he/she is of legal age, and provide the... Read more »
I live in the states
answered on Jan 10, 2023
For a short term guardianship, a sworn testimony from your sister and your nephew's father would be sufficient, stating the date on which the minor would leave Puerto Rico, the date on which your nephew would return to his mom, the address where your nephew would physically reside in your... Read more »
She will be finished with her technical college of cosmetology by mid April. Once she starts working, I need to know when and how I go about stopping child support. ASUME has been no help at all. Thank you!
answered on Jan 7, 2023
The Rule of Law in Puerto Rico states that a person comes of age at 21 years old. Until then, your daughter has a right to child support.
Nevertheless, a person of 18 years or more, can be emancipated if she can support herself, has independent economic means and (1) both parents as well as... Read more »
Didn't find any documents when I went to clean out her home.
answered on Dec 29, 2022
The process entails submitting a copy of your late aunt's death certificate, then, preparing and submitting a request for testmentary certification to the Office of Notary Inspections ("ODIN", by its Spanish acronym). ODIN will certify whether or not your aunt left a will and... Read more »
I want to leave but what happens if she takes my note and takes it to hay judge
answered on Dec 20, 2022
Although in other states, an 18-year old is considered an adult, for the purposes of the Commonwealth of Puerto Rico, the Rule of Law says that a person is an adult at 21 years of age. However, an 18-year old may be emancipated (that is, legally brought to adulthood) either by the subscription of a... Read more »
My brother and I are the heirs of our late parents home and other properties. We just started the process of the Declaration of herederos. He is becoming very agressive with me and his girlfriend is all over my things etc. Can I ask an officer to assist me to the home to remove things from the... Read more »
answered on Nov 10, 2022
As a matter of law, the answer to your question is relatively straightforward: the property belongs to your late parents until the declaration of heirs has been issued by the court, the estate tax filing has been presented to the Puerto Rico Treasury Department, and you and your brother's... Read more »
I am also looking for a lawyer in puerto rico .
answered on Oct 18, 2022
You need to be more specific regarding "signing over your rights". Are you ceding your "parens patriae" ("patria potestad", in Spanish) rights, which are your right to make decisions regarding the well-being of your child? Are you ceding your custody right, which is... Read more »
My dad passed away and he owned a house in Rincon, PR. The house was bought between my dad and mom. My mom passed away about 20 years ago. A “Declaration of inheritance” was done at that time because my mother did not have a will. My dad remarried about 14 years ago and passed away this... Read more »
answered on Oct 14, 2022
A recent Puerto Rico Civil Code came into effect as of November 28, 2020 by Public Law no. 55 of June 1, 2020. In this version, the widow is entitled to an equal share of the deceased's estate, same as the deceased's children. Thus, the answer to your question is that your dad's... Read more »
My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... Read more »
answered on Sep 29, 2022
The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... Read more »
Deed is in both our names and I will relinquish it/ hand it over to him.
answered on Sep 26, 2022
I'm assuming that a real estate property is involved where both you and your ex husband owned jointly while married. If so, the liquidation of the marital community property must be done by way of a deed in which you both must appear signing, either by physical presence or by way of empowering... Read more »
Address Loiza, PR. I am married & when traveling back to Florida, I chose to leave my husband, he new of the trip to visit my adult son & he purchased our tickets. Due to years of emotional abuse & an irreconcilable relationship. I have our 9yr old daughter with me, she is homeschooled... Read more »
answered on Sep 23, 2022
Under normal circumstances, the illegal deprivation of custody is considered a misdemeanor (Article 121 of the Puerto Rico Penal Code); and occurs when a parent is denied the custody of a child. However, it is considered a felony with a fixed jail term of eight (8) years when the minor is... Read more »
be relevant during the declaration of heirs? Thank you for your reply. Greatly appreciate it.
answered on Sep 6, 2022
The Puerto Rico Civil Code stipulates that a parent may recognize a child by any means; and, should the parent die, his/her heirs may recognize the sibling.
I’m assuming that your late father expressed his recognition of your sister to you. If so, even in the existence of a Will, I would... Read more »
answered on Aug 15, 2022
In order to procure your father's will, you first need to procure or provide his death certificate. With the certificate, we request a certification of will from the Office of Notary Inspections. Said certification will identify whether your father was testate upon his death, the will's... Read more »
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