Get free answers to your Real Estate Law legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More 
Mi madre murio, hay una casa que se heredo entre hijos y mi padre. Mi padre se volvio a casar, quiere vender la propiedad pero los hijos no quieren vender. Es posible vender aun si parte de los herederos no estan de acuerdo?
answered on Apr 18, 2024
La siguiente respuesta aplica solamente al estado de Derecho en Puerto Rico. Suponiendo que el Registro de la Propiedad refleje que la casa es una propiedad comunitaria de papá y los hijos de mamá fallecida, la respuesta a su pregunta es "NO". Sin embargo, en Puerto Rico, nadie está... View More
Mi madre murio, hay una casa que se heredo entre hijos y mi padre. Mi padre se volvio a casar, quiere vender la propiedad pero los hijos no quieren vender. Es posible vender aun si parte de los herederos no estan de acuerdo?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
De acuerdo con la ley de California, si la casa era propiedad comunitaria de su madre y su padre, entonces su padre heredó automáticamente la parte de su madre al momento de su fallecimiento. Esto significa que su padre ahora es dueño de la totalidad de la casa.
Sin embargo, si su madre... View More
Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024
Given the potentially dangerous situation with the cracked balcony and the lack of action from your neighbor and the association board, you have a few options to address this issue in Puerto Rico:
1. File a complaint with the Department of Consumer Affairs (DACO): DACO handles complaints... View More
Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More
answered on Apr 8, 2024
I suggest that you send a complaint letter by certified mail with receipt confirmation, detailing all prior communications, the risk of damage to your property, the risk of danger to passer-bys below, and requiring them to address the matter within the following 15 days. Include photos with the... View More
Dad has 2 kids from his first marriage. Mom bought the home while divorced from my dad they remarried and before divorcing again she added him to the property per the lawyer request. If he passes away would my mom be able to sell the property with out any consent from his kids from first marriage... View More
answered on Apr 4, 2024
Having your parents divorced, the home becomes a community property, whereby both of your parents have an equal stake of 50% each. Upon either's death, the deceased parent's participation in the real estate will go to hir/her legal heirs. Prior to transmitting the succession rights, the... View More
the property and demanding that I pay for her lawyers' fees. This is not a divorce case. We own a condominium apartment and this is our first home together. We have owned the property for a year now. I paid more than half of the apartment cost, yet we still own it 50/50. I left said property... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024
When you decide to donate your half of the property in Puerto Rico to your ex, there could be tax implications depending on the value of the property and the laws in place. In Puerto Rico, the donation of real estate is subject to the payment of a donation tax unless specific exemptions apply. This... View More
My mom lived in the property and she was still charged by "CRIM", even though it is her only property. She filed for an exemption which she never got an answer back from "CRIM". She wants to donate it to me before she dies and I think it is unfair they charged her taxes, what... View More
answered on Mar 26, 2024
If the property is your mother's primary residence, she'd need to verify whether an exemption was ever made. CRIM provides for an exemption if the real estate property (1) is the owner's primary residence; (2) the home value is <= $150,000; and (3) an exemption was requested from... View More
My mom lived in the property and she was still charged by "CRIM", even though it is her only property. She filed for an exemption which she never got an answer back from "CRIM". She wants to donate it to me before she dies and I think it is unfair they charged her taxes, what... View More
answered on Mar 26, 2024
The property tax exemption for residing at the main residence in Puerto Rico is not automatic. It has to be applied for and is only valid until a certain amount, although most residences in Puerto Rico, except the very expensive ones, qualify.
If she has a copy of the receipt of the... View More
My dad passed away in 2015 he has a house in PR that me and my mother have been keeping up with and we would like to sell it but we first have to switch it over to our name can we do that while taxes are still unpaid?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024
Transferring ownership of a property with unpaid taxes can be complicated and may vary depending on the specific laws and regulations of Puerto Rico. However, in general, under federal law, it is possible to transfer ownership of a property even if there are outstanding property taxes owed. That... View More
My sister & I are declared heirs & paying taxes to CRIM since our mom’s passing in 2016, but 1 of the properties (land only) is not registered in our name at Prop. of Registry. It’s registered to our grandfather for more than 100 yrs. It was an unresolved matter for mom to register it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
In Puerto Rico, dealing with inheritance and property taxes involves navigating a complex legal landscape, especially when property titles and registrations involve unresolved issues from past generations. If you and your sister are considering not passing a specific piece of land to your children... View More
I was raised by my grandparents and potentially found out through ancestry.com that my grandma may have had children from a previous marriage. If she did, they were not born or raised in PR, but neither was I. Do I need to disclose potential/alleged children if I don't have legal confirmation... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
In Puerto Rico, the process of verifying heirs and confirming entitlement to inheritance typically involves a civil procedure overseen by the courts. If you suspect that there may be additional heirs entitled to inheritance, it's important to disclose any information or evidence you have, even... View More
My great grandfather was a famous architect who gave 13 acres to my grandfather who placed this land into my grandmothers name in which she abandoned after a family tragedy struck where her son (my uncle) murdered her husband my grandfather, she then moved to hoconuco alto and remained there until... View More
answered on Feb 8, 2024
You should start with the names of your great grandfather, the architect, your grandfather, and your grandmother, in two fronts: through the CRIM's digital cadaster, searching by their names. If you find the cadaster #, then proceed to the Property Registry. An agent ("gestor", in... View More
What are the steps to take? Thank you
answered on Feb 2, 2024
Your step-mom can donate the house to you by way of a deed. However, although you express that her one living son has no interest, in the event of your step-mom's passing, the value of all donations made during the final 10 years of her life will be brought back to her estate, and you may find... View More
Mi mamá hizo un contrato de arrendamiento con promesa de venta a una inquilina, pero mi mamá fue desalojada de un hogar que alquilaba. Por esto, necesita recobrar su propiedad para vivirla. Ella consiguió una casa de emergencia, bajo contrato 'house sitter', pero por 5 meses, y la... View More
answered on Jan 25, 2024
La cláusula de reembolso por mejora surge del Artículo 298 del Código Civil de Puerto Rico de 1930, ahora Artículo 763 del Código Civil de Puerto Rico de 2020. Por lo que usted indicó en su texto anterior, su mamá jamás autorizó la mejora permanente. Esto no es lo mismo a que ella... View More
I was recently at the house to clean. Lots of damage from the water throughout the inside of the house. She wants to put the house in my name...she still has a small balance on thd house to the bank
answered on Jan 15, 2024
Regardless of the physical state of the real estate property, I would start by recommending that your mother request a cancellation balance certification from the bank, as of the end of February 2024, to identify how small is the balance. Also, I would recommend procuring a registry certification... View More
I was recently at the house to clean. Lots of damage from the water throughout the inside of the house. She wants to put the house in my name...she still has a small balance on thd house to the bank
answered on Jan 15, 2024
If your mother wants to transfer her house to you, she must sign a "donation" deed via an attorney, which both parties must sign. If one or the two of you cannot be present for the signing, then a Power of Attorney could be prepared. As part of the requirements for a donation, the... View More
We are all on agreement to sell the house except my deceased bothers’s kids. They never lived in PR, they live in the states. Can we sell the house without their consent? We are definitely giving them my brother’s portion of the sale.
answered on Jan 4, 2024
You cannot sell an hereditary estate when one or more heirs are against the sale. It has to be a unanimous consent; or else, you'll need to go before the Puerto Rico Courts. This would be the legitimate way to anull your nephews' and/or nieces' lack of consent. Living in the states,... View More
Ex. - Juan's mother dies in 2020. Juan inherits this property at this time. He is going to sell it in 2023 for 200K. Is 200K the taxable amount, or is the taxable amount a percentage of the appreciating value between 2020-2023? (Step up basis)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
When Juan inherited the property in Puerto Rico in 2020, the basis of the property for tax purposes would typically be the fair market value at the time of inheritance. This is known as a "step-up" in basis. When he sells the property in 2023 for $200K, the taxable amount would generally... View More
Property is in Puerto Rico, transactions occurred online and they kept the money paid to them by my guests. Not all but some.
answered on Dec 18, 2023
Your question does not state your cause of action for suing. Given that the company is in Florida, I'm assuming that they have no presence in Puerto Rico. In that scenario, diversity of (state) citizenship stipulates that you'd need to file the lawsuit in the Federal Court for the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
