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... View More

What you say is not entirely correct.

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... View More

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... View 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... View More

Pursuant to Puerto Rico’s Civil Code, all of your late mother’s children have an hereditary interest in her entire estate.

Assuming that your parents did not have a prenup in place during their marriage, their house in Puerto Rico was jointly owned by both under a legal joint community... View More

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.

In the... View 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... View 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... View 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... View 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... View More

At the very least, you certainly have a right to a credit of the $30,000 you spent repairing the property; provided that you have the receipts to prove such expenditures. Regarding any further rights that you may have on your grandmother's and/or your mother's estates, several questions... View More

Perhaps. First of all, the deed would need to be verified to determine whether the property acquired by your grandparents was merely a plot of land or whether it included a building. Having deceased both your grandparents, you'll need to go through the succession (probate) process to establish... View More

Several matters need to be addressed through your question. First of all, what you and your brother have are an "pro indiviso" interest in the property, which means that you may only sell your share of the real estate property; but you cannot sell the entire house: not to your daughter;... View More

Rule of Law in Puerto Rico grants your mother a 1-year term (starting at the time she becomes aware of the invasion) to request the courts to have her neighbor remove that part of the construction that invades her property. After the year, it would be presumed that the neighbor occupies the... View More

Rule of Law in Puerto Rico states that you can evict him through the Puerto Rico courts within the year from whence you became aware of your relative’s invasion of your property.

As a start, I would send him a written request, delivered via certified mail with receipt confirmation,... View More

Unless an economically valid reason is declared in the sales deed, the sales transaction will probably be seen by the Puerto Rico Public Registry as a simulated donation, given that your father is selling you the property below value. The transaction may be rejected by the Public Registry for... View More

A power of attorney granted by a Florida resident to be used by a Puerto Rico resident in Puerto Rico cannot be electronically signed at this time. The power of attorney must be signed before a notary public in Florida; then, the State Department in Tallahassee must issue and attach an... View More

A Power of Attorney for a real estate closing in Puerto Rico must include the details from the property as they appear on the Property Registry of Puerto Rico, along with the property tax number. Therefore, you need to contact a PR-licensed attorney to make sure everything is done according to the... View More

To whom did the house in Puerto Rico belong? If the house is part of your parents' estate, the answer to both questions is the same. Under the Puerto Rico Civil Code, no co-owner of an estate community can be forced to remain in said community. If a unanimous consent of heirs cannot be reached... View More