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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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answered on Sep 14, 2022

Greetings:

It depends on whether the matter turns adversarial, if there are discrepancies or concerns the court might recommend it.

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... View More

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... View More

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

First off, in an estate where the heirs have been registered as the new owners of the real estate property, the other co-owners may require the heir (or son of the heir) to pay rent to the community. This, however, would be prospective, as of the date on which a formal letter is sent to the party... View More

The answer to both of your questions is "Yes". Your child's father is responsible for paying half of any and all expenses associated to your child's education, including books, materials, clothing, and extracurricular activities.

Although you're residing in Puerto Rico for a year does grant Puerto Rico courts jurisdiction over your child, you should not ignore the summons from a New York court. I recommend that you contact an attorney authorized the practice of law in New York and have him or her counsel you regarding... View More

When you state that inheritance probation has been accomplished, does this include updating the public registry to reflect the participation and percentages of all heirs? Assuming that this is the case, given the refusal of one of the heirs, your best recourse would be to go before the Puerto Rico... View More

The first step to taking possession of the real estate property is by establishing whether your late father had granted his Last Will and Testament before dying. Else, I would recommend going before the Puerto Rico courts to petition a declaration of heirs. Once either the Will or the court's... View More

Before addressing the matter of the estate left in Puerto Rico by your late father, a certified copy of your father's will, issued by a Massachusetts probate court, needs to be protocolized via a poll deed by a Notary authorized to practice Notary Law in the Commonwealth of Puerto Rico. The... View More

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answered on Jan 12, 2022

Greetings

If your child support payment is based on false information you can always file for review and provide the proper information so the agency can correct the calculations.

First off, my condolences on your loss. Second, I’d need to know whether your father granted his Last Will & Testament before his passing. Assuming that he left his Will, we’d need to determine whether he left your stepmom the right to inhabit the house for life. Even under those... View More