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Puerto Rico Probate Questions & Answers
1 Answer | Asked in Estate Planning, Elder Law and Probate for Puerto Rico on
Q: What is the caregiver law that states the person who solely cared for family has a right to compensation from family?

Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 14, 2020

Hello and thank you for using Justia. Care givers benéfits are available but only while the care giving is being given. No benéfits after death.

What you need to do is Probate the Estate and Testament. This wll assure your share of the Inheritance.

If you need additional...
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1 Answer | Asked in Probate for Puerto Rico on
Q: How do i find out if my mother had a Will in Puerto Rico

My m9ther passed away in march and im in fl and can not travel (due to Covid)or get a hold of her attorney down there to see if she had a Will. She was with me in Fl when she got sick and passed. I cant get anyone to speak with us until i find this out.

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Jun 1, 2020

An attorney can place a search at the Registry of Wills of Puerto Rico to find out if your mother left a will on the island. It is highly recommended that it is done via an attorney since he/she will know how to go about through that process while making sure to include all the necessary requisites... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: can i find out if my dad owned anything when he passed away?

My father lived in Puerto Rico along with my 3 siblings. I live in New York. He recently passed away and I went to Puerto Rico to see if he had a will I received a notice from the court that there was no will. I know the next step would be to go to court and establish that I am an heir however I... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Jun 1, 2020

You can hire an attorney to do a real estate property search, via a title search study. As well, that same attorney could search within the local banks for any accounts left by your dad. In any case, you would have to do a Declaration of Heirs, via an attorney as well, so that the courts can... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My dad passed away; the family would like part of his ashes.

Would like to inter them with his mother's ashes in Colombia (she passed away one month before him). He passed 4/29/2020 in San Juan Puerto Rico. Can we legally force his common law spouse to give up a part of the ashes? I live in Florida.

Thank you, Martha

Terrence H Thorgaard
Terrence H Thorgaard answered on May 5, 2020

You are asking if someone in Puerto Rico who has your father's ashes can be made to send part of the ashes to Columbia? This is a matter of Puerto Rican law, not Florida law. So you should ask your question in Justia > Ask a Lawyer > Puerto Rico.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Puerto Rico on
Q: My grandmother in Puerto Rico has passed and I need assistance probating her estate I have her testament

My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... Read more »

Naomi Jusino
Naomi Jusino answered on Apr 21, 2020

Dear reader,

For the process you will need to request a certification to grant that the Will was the last one and hasn’t been modified. Before you can divide the estate or goods, you will need to fill some documents with the Treasury Department in Puerto Rico so the can give you the...
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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Hello, My dad passed away 2009, him and my mom did not have a will.I have 1 older sister married no kids,

I am married and have 3children and they are the only grandchildren of my parents. I want

To fix the house and live in it.

Do I have to do anything legally? I was told by my aunts and uncles I could live and fix my dads house.

It has been abondkanded by my mom for the last 11 years.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 19, 2020

Hello and thank you for using Justia. Yes you must first complete the Probate process for both of your beloved Parents. This is done by creating an individual Estate for each of your beloved Parents. Once the Court has declared whom the members of each Estate are (Inheritors). Next you will need to... Read more »

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... Read more »

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 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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1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Puerto Rico inheritance question--succession of heirs and distribution of real property.

My sister has dementia and will pass shortly; in total, we are 5 siblings. She does not have a will/testament, nor does she have a surviving spouse or children. There is however, an estranged grandchild that lives somewhere on the island. Is the grandchild first in line for distribution of her... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 30, 2019

Hello and thank you for using JUSTIA. No the Court will not do anything. If the grandchild never claims his inheritance then it is Lost. The siblings become inheritors only when your sister has no remaining inheritors (greatgrandchildren.) If no inheritor claims then the Government of Puerto Rico... Read more »

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... Read more »

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1 Answer | Asked in Probate for Puerto Rico on
Q: my father has the beginning of dementia, his wife did a will on his behalf having him sign it making her the sole heir.

My father has 4 children, can we attest those documents. Can we hire a lawyer to get those document, the deed to the property/land and marriage certificate in order to mandate the correct heir to the house?

Nina Whitehurst
Nina Whitehurst answered on Aug 13, 2019

It sounds like you want to contest the will in advance, before your father passes. That is very uncommon, the reason being that technically a will is not effective until death and can be changed any time up until then as long as the testator has capacity.

What you CAN do is hire an...
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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 Real Estate Law and Probate for Puerto Rico on
Q: My grandmother died in 1991 in Puerto Rico. I had a title search done and they could not find her title.

How can I get a title established? I have a CRIM pin # and account # for her house. I also have

I also have the Departamento De La Vivienda Administración De Vivienda Rural certification.

Thank you,

Nancy Santiago

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 9, 2019

Hello and thank you for using Justia. This sounds very odd that CRIM would have the property accessed without the property being registered. You will need to search all records of past owners of said property to find out what went wrong with your Grandmother's registry of property.

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... 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 »

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Change the name of the mother deceased to the only surviving daughter?

She is the only daughter alive, never married or has children. Does she need permission from her nephew or nieces to change the name on the deed. Her mother never made a will

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

Good evening and thank you for using JUSTIA. The surviving daughter has to create her beloved mother's estate and file aprobate court proceedure. The court will then issue a decree naming all of the mother's children (dead or alive) members of the estate. The nephews and nieces will then... Read more »

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