My mom passed a away a few months ago. She owned a property in Puerto Rico that I would like to sell. She didn't create a will since I am her only heir. What steps do I need to take to sell the home. I live in Pennsylvania, so it's hard getting information. I do have the escritura, but... Read more »
Before an heir can sell a property, it is mandatory that the inheritance process has finished. Therefore, the first step is to hire an attorney who you can work with. Currently, there are a number of lawyers working remotely so being in the USA is not a problem. Here is a summary of the steps...Read more »
Hello and thank you for using Justia. Now that she has had an Engineer prepare a "Mensura" (property measures), she needs to get Court Authorization to move the fence. This is a legal process to revindicate the property dementions as registered in the Property Registry Department, thus...Read more »
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 »
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...Read more »
The island is locked down and I need to know how to claim this estate so I can sell the house where do I go to do these things? I have found the deed but not the will I know she had one but I can’t find it and her attorney died two years ago
Hello and thank you for using Justia. All Testaments (Wills) suscribed by an Attorney/Notary Public have to be registered in the Office of Inspections of Notary Publics(ODIN). You will be able to get a certification of existance. Once you have the certification you then visit the Office of Notary...Read more »
Hello and thank you for using Justia. The legal process to be followed is to first get your beloved Uncle's property registered under the Estate's name. Once the property is registered in the names of the Inheritors (Estate) then they will have to file an evictión procedure (Desahucio)...Read more »
I'm in a short term lease that ends may 31. we gave the landlord 30 days notice but they are not accepting it. They say breaking the lease early results in an additional penalty of 2 months rent, plus I believe they will most likely keep our deposit. I want to be able to break the lease and... Read more »
Hello and thank you for using Justia. The best way to resolve this matter is to speak with your landlord and explain to him your reasons for wanting to move to your parent's house due to economic hardships because of the current quarentine under the Executive Order issued by the Governor....Read more »
property to go to my friend. If we place the property in an LLC , with the operations agreement stating that surviving members get all shares, then can I avoid the forced heir situation? If not what vehicle does P.R. provide for this situation?
Hello and thank you for using Justia. The only way tomake aire your friend gets the property is by you creating a Testament leaving the property to your friend. You will need to have a Testament created by an Attorney in Puerto Rico and then have it sent to you for signatue. This is known as a...Read more »
Hello and thank you for using Justia. Puerto Rico does not recognize Quit Claim Deeds as an optión to transfer titleship of real estate. This is not an optión for your clients. Let me know what are your client's intentions for transfering Titleship and I will give you options.
Adverse possession (not squatting) in regards to real estate, as I understand it, is when someone has taken over part of your property and is actively using it with your knowledge and you, the legal owner of said property has done nothing to remove the person from your property. After a set amount... Read more »
Hello and thank you for using Justia. This does form part of squatter's rights known as "Usucapion". In order to become the new owner, the party that is using your property must do it in a peacefull manner, act as if he is the owner infront of the públics eye, do acts of ownership...Read more »
My neighbors need part of my land and I need part of theirs. Since both areas are on the same property line it would be logical to just do a lot line adjustment. How do I get the process started? Is it possible in Puerto Rico?
Hello and thank you for using Justia. We have a different legal process as a remedy available. You will need to hire an Attorney, do a new plot plan study, get a Property Surveyor to remeasure the property and then prepare a public deed with the new measurements un the Registry of Property...Read more »
The house was damage by the hurricane Maria he wants me to handle the property and fix the damage but to make it easier to put the house under my name but I need help I live in Philadelphia PA I have the papers of the house
Hello and thank you for using Justia. This all depends on the age of your Father and how many children he has. This is done to protect the future Inheritance of his children. I would suggest that you begin repairs with the house and then decide if your Father should donate or sell said property to...Read more »
My parents own 75% share of land in Rincon, PR. They now live in Virginia, and I live in Arizona. They have 3 separate legal issues with the land where people have built homes on my parents land many years ago. My parents have been paying property tax on the land but the 3 squatters have been... Read more »
You mention squatters and this is a very important matter. If said squatters have lived on that property for more thirty years they can claim rights to said property and thus become the owners. It is urgent that you act now. A very good way to act is to...Read more »
He left the deed to a friend back in the 1930s when a handshake used to mean something and now that friend passed the deed to his son. They are trying to falsely using our last name to try and sell the land. I have 2 out of the 6 living uncles (my dad is one of the deceased) and only 1 of them is... Read more »
Hello and thank you for using Justia. Yes there is something that you and the others that have been denied their legal rights can and should do to ratify the situation. The legal process you will need to follow is to create an Estate for your beloved Grandfather and possibly one for your beloved...Read 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.
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 »
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 »
The property that was to be mine is setting. I'd like to build on it. But I have no paperwork or title. All other children have more than one property. Just need some help with what to do. My sister doesn't want to give me the property. Is there anything I can? Thank you
Hello and thank you for using Justia. Happy New Year. Yes you can have the property registered in your name. The process is to first do a legal study of your beloved Father's Estate in order to verify if said Estate was indeed created and probated as per law, registered and filed in the...Read more »
Hello and thank you for using Justia. You can claim it as your own through squatters rights. However this will take thirty years. Your best bet is to do a title search for the owners and then verify with the property tax authority (CRIM) if the property is under execution for collection of taxes....Read more »
We went and saw the house several years ago and no one has lived in it since they passed away. It does however, have lots of damage. We live in the states and not in PR making it difficult to keep up with it. We would like to sell it. What are the steps, if it's not too late, to claim the... Read more »
You can still claim ownership but you should speed up since property taxes will accrue and you don´t want someone to occupy it since after a number of years they could later begin a process to transfer the title to their names.
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