Your deceased father's heirs certainly would be responsible for upkeeping and maintaining his house, as well as paying outstanding property taxes, assuming that they accept his estate in inheritance. Under the Puerto Rico Rule of Law, the estate of a deceased person is made up of his/her...Read more »
I paid to have it segregated because it belongs to my dad and uncle. We have our part now but next door my uncle has not paid the taxes since 2011 so the state did not take it, I have been paying on it. There is no house on this land. Can I apply for ownership of it?
The process by which you could acquire ownership of someone else's real estate property in your possession is usucaption. Article 788 of the Puerto Rico Civil Code states that you must be in possession of said property for 10 consecutive years, if you have possession in just title and good...Read more »
I'm assuming that the eviction is being made by way of Public Law 86 of 2011 before a Court of Law in Puerto Rico. In that event, a dunning letter should be mailed to the lessee by certified mail to his/her last known address (if Philadelphia address is known, mail to said address). If no...Read more »
Under the Puerto Rico Civil Code, no co-owner is forced to remain in community. If your sibling does not want to sell the property, she can buy you out. If she does not have the resources to buy you out, you can go before a Puerto Rico court of law and request liquidation of your dad's estate.
My grandmother passed in 2011 leaving me her house in PR. For many years a cousin, who was the care taker of the house lied and claimed the house had been sold. I recently found out the house and my grandmothers belongings are still standing and have merely been abandoned. Can I still claim this... Read more »
So long as the house is still in your grandmother's estate and you have proof of your hereditary claim, you can still claim the property. I'd advise procuring a title study of the property to confirm that it is still in your grandmother's name. Certificates of value and debt must...Read more »
To answer your question, owning the property in fee simple does allow you to enjoy the property and/or cede, donate, or sell it. Nevertheless, if you wish to develop it, either for personal use or for commercial purposes, the facilities you wish to build may require utilities and other facilities,...Read more »
Landlord sent text: Buenos dias. Para informarle que la casa fue opcionada y el comprador debe cerrer el préstamo a fin de este mes. Le informo para que haga los arreglos pertinentes. Me gustaria que confirme que recibio este mensaje. Gracias .
My neighbor is doing major earth work on his property for new construction. He excavated a natural drain and installed 32" subterranean pipes, roughly 100' of these pipes are on my property. He has also knocked down a coconut palm tree located on my property. He also excavated a bank... Read more »
The quickest way would be for you should request an immediate "cease and desist" order from the Municipal Court of the town where your property is located, and request the courts to deliver the order to your neighbor. The Petition should be accompanied y evidence of your title ownership...Read more »
The property currently is completely up to date, no taxes owed and the paperwork to the land was finalized and corrected through the courts in Dec 2021. My question is, someone wants to purchase the home/land in cash and we are not sure what to do. My dad's family in PR is saying that the... Read more »
Having a buyer with the cash to purchase the property is common. Nevertheless, your question fails to mention the proposed purchase price. First, I would advise your father and aunt to have the property appraised by a professional appraiser in Puerto Rico. The appraiser's report will give them...Read more »
Your question is too ambiguous for a straight answer. If you wish to request a domain file ("expediente de dominio") before the Puerto Rico courts over a property not currently registered in the public registry, part of the process requires you to procure sworn statements from your...Read more »
CRIM tells me that the only name on their listing is my father’s therefore my sisters and I are the only heirs. Someone wants to buy the property ( cash sale), according to them once we have the declaration of heirs the property is transferred and there are no closing cost or taxes to be pay on... Read more »
As a rule, there is no inheritance tax applied. Once the declaration of heirs has been issued by the Puerto Rico courts, you need to procure a certification of value and a certification of debt from CRIM. With these certifications and a copy of the...Read more »
Outside of issuing an addiction notice , We have been in litigation for the last six years the 4 siblings have incurred legal and court fees that’s been a financial burden! Does PR Law support a civil case to recoup financial loses towards the sibling that refuse the sale of the home.
To answer your question, I'd need to know what sort of litigation has been going on between you and your siblings. Upon the passing of parents who may or may not have granted their last will and testament, Puerto Rico Rule of Law provides heirs the chance to arrive at some form of agreement...Read more »
The Puerto Rico Treasury Code requires that the 15% retention of amounts due to a Seller living outside Puerto Rico be retained at the point of origin by either the bank financing the sale or the notary authorizing the sales deed. Failure to execute this mandatory retention would cause the Treasury...Read more »
My mother and father were legally married at the time of my mother's passing. They own a home in PR but both have children from previous marriages. What are my mother's children entitled to? Can we ask that her husband pay us her half of the home's value if he is unwilling to sell the home?
It´s impossible to give you a straight answer without looking at the will. It will also depend on when he passed away, assuming he did already. You should consult with a probate or inheritance attorney.
You may donate the real estate property by subscribing a deed. You may do so from the states, in which case, the original subscribed poll deed would need to be protocolized in Puerto Rico. Under this scenario, your niece would need to grant a donation acceptance poll deed.
My mother passed away 6 months ago but always made clear before she passed that the house was to belong to my brother and I after she was deceased. However, because of thw laws in PR when she signed for the house my father had to come from the states to sign off as well. Apparently in PR, if you... Read more »
Under the Puerto Rico Civil Code, if the house was acquired while your parents were married with no prenup, the house actually belonged to the joint conjugal partnership ("sociedad legal de gananciales") formed by your father and mother, which is a legal entity separate from either...Read more »
I'm in the process of buying the house but we need to make a sales contract but my father wants to sell the house for more than what it appraised. My siblines from my moms side resigned from moms inheritance but I did not. Mom also died in the states in 2017 due to health reasons and she was... Read more »
Your mother died under the old Puerto Rico Civil Code of 1930. I'm assuming that the house you speak of was the marital house in which you dad and your mom lived. Should that be the case, your dad is probably 50% co-owner of said property; and the other 50% would belong to your mother's...Read more »
The answer to your question depends on several factors. For example, if the buyer requires to take out a mortgage to purchase the property, the financing institution will require a recent property survey to have a clearer understanding of the property's value. Even if the buyer has the...Read more »
I'm assuming that your in-laws live in Puerto Rico; else, I cannot help you. You tell me that your in-laws have three offspring. For the sake of discussion, I'm assuming that none are minors nor incapacitated. The Puerto Rico Civil Code establishes that -absent a will- all three have...Read more »
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