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I have lived in this neighborhood for 6 years now and the home in front of mine is my neighbors daughter who passed a long time ago. I'm assuming there are no heirs but i'd like the property to be mine. How do I go about asking my neighbor about maybe getting the home?
answered on Jun 8, 2023
It may not be so simple. The Puerto Rico Civil Code states the order of an intestate succession: if the deceased owner left no descendants, and had no spouse, it would go to the deceased parents. If these are no longer living, it would go to the deceased siblings, nephews, and nieces, if none are... View More
She was asked following her term in 2018. Recently since May of last year she has been asked again repeatedly. She says she has them but shrugs it off as forgetting to bring them when she is on site. These are important to our history and what decisions were made in the past. We are in Puerto Rico.
answered on Jun 8, 2023
If the HOA covers a condominium, the first forum would be to go before the Department of Consumer Affairs. If it is a closed urbanization or community, you could file a lawsuit against the former secretary before a court of law. However, before taking that drastic of a measure, the current... View More
I have documents from notary and register and fica number. How do I proceed, CRIM says candastre number but i can't find that number on receipts. I don't think he completed the task fully. What should I do?
answered on Jun 8, 2023
You can bring to CRIM the previous owner's social security # (which the attorney should have, since he should've also filed the change in the property's ownership before the Puerto Rico Treasury Department (“Planilla Informativa sobre segregación, agrupación o traslado de Bienes... View More
answered on Jun 9, 2023
You do not provide enough information to answer your question. Several factors that affect the costs are: how many heirs are there? Are they all alive? If any have died, did he/she leave descendants? Are these descendants all alive? Are any heirs minors (underage)? Did the deceased leave bank... View More
My uncle and father co-own two houses and land in Puerto Rico. My father died several years ago and his lawyer has contacted me requesting my birth certificate to finalize the inheritance. My Uncle also wants to negotiate buying my half of the property. Can I contact a lawyer in Puerto Rico to... View More
answered on Jun 1, 2023
You can retain the services of an attorney in Puerto Rico, even if you live in New York. You do not state who hired the attorney who requested your birth certificate. Neither do you mention whether you're an only child or whether you have siblings. It seems that your late father did not leave... View More
answered on May 30, 2023
I need additional information before I can answer your question. When was the sale closed? What state do you reside in? If you live outside Puerto Rico, the local Revenue Code requires that a 15% retention be automatically made against sales proceeds for non Puerto Rico residents. This retention is... View More
It’s a home and land in Rio Grande Puerto Rico. Wish to build on land but I’m getting the runaround. They harass my brother who has a mental disability. I want to build a home that is modern and secure for him and myself to stay in with no problems from the rest of the family. I’ve requested... View More
answered on May 30, 2023
The information you require may be found in the Puerto Rico Property Registry. You'll need your father's full name and the location of the property. If you have the plot ("finca") number would be so much better, as well as the cadaster number under which the real estate is filed... View More
My father is 87yo and would like to avoid going anywhere to sign documents etc. Related to a sale of a property he owns. How much +/- it will cost?
answered on May 30, 2023
An attorney in Puerto Rico can represent your father for the purposes of selling real estate property, so long as your father is in full possession of his mental faculties and grants a power-of-attorney to authorize the Puerto Rico attorney to represent him in the sale. The power-of-attorney must... View More
The land is in Cabo Rojo. My great grandmother’s home has been vacant for 25 years. I was told family can build on this land, but there are no deeds to it. My great grandmother had many siblings and many have build homes without a deed.
answered on May 22, 2023
The answer to your question entails procuring a Certification of your family's land from the Puerto Rico Property Registry. That will let you know whether the portion you speak of has been segregated or not.
If the portion was segregated, then the Puerto Rico Property Registry should... View More
My father’s will gave my mentally disabled sister 75% of the house and surrounding land in Puerto Rico with the balance divided evenly between me, my other 2 sisters and my brother. However because she can’t live alone (my father was taking care of her on the property) she wants to give me her... View More
answered on May 22, 2023
The only way to achieve this would be through a court authorization. Puerto Rico Civil Code presumes that all adults are judicially capable to make their own decisions. In the case of mentally disabled adults, a lawsuit must be filed with the court to legally incapacitate your sister and assign her... View More
The Hoa president is now requiring all those that rent subscribe and acquire a hotel # whether you a business or not n also charging a fee of $150:for damages of guest. First can she force you to register and ask for the # and can she collect a damage fee per guest?
answered on May 22, 2023
There is no way to address your question for lack of additional information. I recommend that you revisit the rental contract or sales deed (as may be the case) and peruse to identify what is said regarding future additional fees. If you signed a contract or deed that includes the possibility of... View More
As my mothers sole heir, if she passes, will I be subject to inheritance taxes on the land? I have read that inheritance tax on land can range from 18%- 50% of the value.
answered on Apr 6, 2023
At this time, the Commonwealth of Puerto Rico does not impose inheritance per se. Nevertheless, property taxes are another matter entirely. Assuming that she lived the real estate property in Puerto Rico until her death, and assuming that no descendant has lived the real estate property since,... View More
the property in question should have been segregated according to our ‘records’ back when they were originally filed by my father. There appears to be a sequence of numbers that corresponds with each one of the assigned land parcels. Could the OPGe assist with clarifying if the land was... View More
answered on Apr 3, 2023
You'll have a better chance to get the information from the Property Registry. When lad plots are segregated from a main lot, the Registrar annotates each of the new property ("fincas") numbers for each of the newly segregated land plots on the margin of the main lot. Also identified... View More
I am aware of the real estate laws without a will. Do I need my sibling’s permission and is the second floor considered a separate residence ?
answered on Mar 29, 2023
Building the structure is not the issue. Your would not be able to file ownership of the structure, so long as probate procedures have not been completed. No one can assume or transfer a right that they do not personally possess. Allow me to elaborate.
Upon a person's passing -... View More
I did the claim de Herrederos after my father passed and I think a ‘Plano de certification y mensura’ may have been done on the property when it was surveyed by an engineer and whole description was filed with the paperwork. Unless it is a separate or different process? don’t know if that... View More
answered on Mar 24, 2023
Your description contains confusing information about the multiple steps required for an inheritance to be correctly transferred to the heirs. Given the specialized nature of estate law in Puerto Rico, hiring an attorney to do this for you is highly recommended. If everything is correct, a licensed... View More
Assuming that most of the process should have been already done, where would I go to find the measurements of the plot? I had the land surveyed when we started the process back in 2007 when my father passed.I’m pretty sure I have most of these documents. The only thing I don’t have is the title... View More
answered on Mar 23, 2023
Ownership of the property can be established by requesting a registry certification from the Puerto Rico Property Registry (Registro de la Propiedad) with copy of the scanned foils that shows the historical tract of the real estate property. You can physically visit the Registry located in the... View More
¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) cuando uno de los herederos (total de 6 herederos directos) ha tomado posesión de la casa y se niega a aceptar cualquier venta de la propiedad?
answered on Mar 23, 2023
Primer paso (si ya no lo ha hecho) debe ser solicitar, mediante Petición al Tribunal, que se expida carta testamentaria a su favor como albacea. Para esto, debe otorgar declaración jurada aceptando usted el cargo de albacea. Esta declaración jurada se envía al notario que autorizó el... View More
Prior years before my father passed he had filed with the court an Escritura leaving us assigned portions of his land. I filled through an attorney the Declaration of Heirs.. I have several documents that were submitted to the courts; I’m Not sure if everything was completed. I have a... View More
answered on Mar 21, 2023
You need to start with the land plot from whence the other lands were segregated. When plots are segregated from a source land plot, the Registrar annotates the new plot ("finca") numbers as entries to its historical tract. When a land plot is lotified, but not yet segregated, a plot plan... View More
The developer owner of the urbanization has failed to fix major construction issues to a point where our home is posing a hazard to live in as we have land settling and and erosion of soil. House foundation leaks water through the floors and electrical wiring has serious overload issues. I have... View More
answered on Mar 21, 2023
To place a lien on the urbanization, you would need to file a lawsuit to justify the lien in terms of the amount that you would be claiming against the developer. Due to the state you describe, you can file the lawsuit directly before the Court of First Instance, requesting permission from the... View More
The catastrophe no# appears to be the same for all the property; it was my father’s #no. how can we verify each part and what do I need to do next. I tried to find it online; I found a listing for a portion of the land. When I contacted the office of the CRIM they were unable to find anything in... View More
answered on Mar 20, 2023
If the cadaster number is the same, it probably means that, at most, the land may have been lotified (i.e., outlined lots) but has not been segregated. Assuming that your late father was the sole owner of the land (was he single at the time of his death?), and assuming that you have a declaration... View More
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