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Puerto Rico Questions & Answers
1 Answer | Asked in Lemon Law for Puerto Rico on
Q: I bought a brand new Toyota Corolla in January of this year and water leaks into it every time it rains. Is this a lemon

My car smells like mildew every time it rains and it’s not even a year old. Water is leaking in from the lights on the roof in the front passenger side.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 21, 2022

I'm assuming that you purchased the vehicle as new from a Puerto Rico car dealer. Have you taken the car back to the dealer to have it serviced? Under the Puerto Rico Consumer Affairs Department ("DACO", by its Spanish acronym) regulations, you have 3 years or 36,000 miles as the... View More

1 Answer | Asked in Car Accidents and Criminal Law for Puerto Rico on
Q: I was being chased in San Juan while waiting for a car repair. When they got out of the car I hid and use it to get out.

I'm being charged with stealing the car and hitting another as I tried to escape for fear of my life. All this occured right by mechanic. I asked for video recording but only shows me leaving. Nothing occuring in residence cul de sac where this all occured. Anything you can advise on would be... View More

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2022

The 22nd is Tuesday, and we're at the start of a weekend. You may want to repost this and add "Puerto Rico" as a heading (you hadn't selected a geographic heading, and that could result in delays with someone seeing your question) See the text, "Show More States." Nov.... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: The lawyer in Puerto Rico has stated that the Island Gov't. will take 20% of the funds for taxes. I am on S.S.Disability

I pay no taxes in the states. Will that make any difference on the 20% Tax?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

At this time, Puerto Rico does not have an inheritance tax. Nevertheless, if an heir residing in the states sells his/her share in a real estate property located in Puerto Rico, the proceeds of the sale are subject to a 15%-20% retention pursuant to the Puerto Rico Tax Code, so as to force the... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: My father's will/estate has been settled in Puerto Rico and we all know what we're recieving, but the lawyer said I

Have to travel to the island to get my funds. Is this correct?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

As a rule, banks prefer to personally deliver in hand checks to each of the heirs, unless an heir living abroad grants a special power of attorney authorizing someone else to physically appear to collect the funds. If you already have an attorney working the case and you cannot travel to Puerto... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Who recieves the property? What can we do ?!

My parents passed away and left there home in Puerto Rico to all there kids. The past few years my uncle was uncle was living In The home and keeping it up. He just married a woman a couple of months ago and he has recently passed away. Now the woman he was married is refusing to leave my... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

First of all, if the real estate property belonged to your grandparents (whom, I assume, are both deceased), either a Will for each grandparent or a declaration of heirs must be procured and filed with the Property Registry, to transfer ownership from your late grandparents to their children. After... View More

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: I let a friend borrow $1200 she lives in Guaynabo. She made two payments but has defaulted. Can I file a claim? How?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

To answer your question: Yes. You can file a claim, in the form of a collections lawsuit, with the Guaynabo Court of First Instance, under Civil Procedure Rule 60. The claim must be filed with a sworn statement, avowing under oath that the allegations in the lawsuit are true and correct. You must... View More

2 Answers | Asked in Probate for Puerto Rico on
Q: I live in Tennessee as did my father when he passed away in 2020. He owned a residence in Puerto Rico and a will distrib

Assets. Do I have to go to Puerto Rico to receive my money?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

Certain steps must first be addressed before determining who can collect.

With a copy of your late father's death certificate, a certification of Will must be procured from the Puerto Rico Office of Notary Inspections (I'm assuming that his Will was signed and subscribed in Puerto...
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1 Answer | Asked in Personal Injury for Puerto Rico on
Q: I had a neighbor that bring a federal agent to his house that utilize an infrared camera to take pictures and hearing in

My house without permission how do I could go with the law against he

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 14, 2022

First of all, I advise that you to consult an attorney admitted to the Federal Courts to determine your options. You do not state how you come to learn that an infrared camera was used to take pictures and hearing in on your house. You do not state whether said property is located in Puerto Rico.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Purchased 9 acre property w/ house.We are interested to subdivide a parcel off to sell as lot.What is req. process?

Property located in Rincon, Puerto Rico

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 10, 2022

In general terms, you should start by procuring either a Title Study or a Registry Certification from the Property Registry, to certify that you appear as owner of the real estate property. Next, you need to retain the professional services of a civil engineer, who'll prepare a plot plan... View More

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: How can I prevent my brother's girlfriend from having keys of a shared home in PR. He and I are inheriting the property

My brother and I are the heirs of our late parents home and other properties. We just started the process of the Declaration of herederos. He is becoming very agressive with me and his girlfriend is all over my things etc. Can I ask an officer to assist me to the home to remove things from the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 10, 2022

As a matter of law, the answer to your question is relatively straightforward: the property belongs to your late parents until the declaration of heirs has been issued by the court, the estate tax filing has been presented to the Puerto Rico Treasury Department, and you and your brother's... View More

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Upon the death of my father, will my mother be sole heir of her home in PR, although he had kids outside the marriage?

The home was purchased over 20 yrs ago by both for retirement purposes.

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 9, 2022

You need to speak with a PR estate planning attorney if the property is in PR as you have stated. Things to consider include, is there a Will, what does the property deed say, is there a Trust? It is possible the property will pass to your mom per PR laws, Will and or other estate planning that is... View More

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: Father dies and 2 of the 4 sons are dead. He has a surviving spouse. In accordance with Puerto Rico law, what is Law?

How Will the decease’s assets be divided, when some of the children have died?

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2022

This is something that attorneys who work with estates would know better than civil litigation (the posted category) attorneys, but the question remains open for almost a week. I'm sorry for the family's loss. You could repost the question under Puerto Rico (see "show more... View More

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: Can someone win a small claims lawsuit against you in Puerto Rico without any evidence?
Tim Akpinar
Tim Akpinar
answered on Nov 1, 2022

An attorney who practices in Puerto Rico could answer best (see the linked text "Show More States"), but your question remains open for two weeks. However, the answer is essentially the same anywhere in the world. Someone needs evidence. It doesn't necessarily mean elaborate and... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: A family member mention that there was some money and it was posted in the newspaper, where do I start?

Mayaquez, PR is where my grandfather resided . Not getting much help from that side of family, was born in the US so not very close to them.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 27, 2022

When a close relative dies, such as the case of your grandfather, the first thing that needs to be done is whether the deceased died having left a Will or not. If no Will exists, a Declaration of Heirs must be petitioned from the Puerto Rico court. Depending on when your grandfather died, the court... View More

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: Esta ley se circunscribe al los negocios, oficinas y tiendas que ubiquen dentro de las facilidades del centro comercial?

No aplica a oficina o establecimientos fuera de las facilidades del centro comercial? Es correcto? Yo como dueña de una oficina de servicios fuera de una ubicación considerada centro comercial no estoy sujeta a la aplicabilidad de esta ley, es correcto?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 19, 2022

No tengo manera de responder a su pregunta sin conocer a qué ley se refiere.

1 Answer | Asked in Family Law for Puerto Rico on
Q: i have a question about family law in puerto rico. My question is if i sign my rights over do i still pay child support?

I am also looking for a lawyer in puerto rico .

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 18, 2022

You need to be more specific regarding "signing over your rights". Are you ceding your "parens patriae" ("patria potestad", in Spanish) rights, which are your right to make decisions regarding the well-being of your child? Are you ceding your custody right, which is... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father never married but her children say they are entitled to money from sell of his land is at correct he lives pr
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 17, 2022

If your father never married, any property he purchased belongs solely and exclusively to him. In Puerto Rico, the common law wife has no rights as to property acquired by your father. Regardless of whether his companion lives or dies, any proceeds from the sale of his property belong exclusively... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My mom has told me she made a will and my sisters want to make a declaration of heirs. How, where I find my mom's will?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 15, 2022

I'm assuming that the will was granted in Puerto Rico. If that's the case, the Puerto Rico Notary Law demands that an attorney-notary who has authorized a will must notify a certified copy of said will with the Office of Notary Inspection's Registry of Wills. If your sisters wish to... View More

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Is my dad’s second wife entitled to half the house he owned in Rincon, PR?

My dad passed away and he owned a house in Rincon, PR. The house was bought between my dad and mom. My mom passed away about 20 years ago. A “Declaration of inheritance” was done at that time because my mother did not have a will. My dad remarried about 14 years ago and passed away this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 14, 2022

A recent Puerto Rico Civil Code came into effect as of November 28, 2020 by Public Law no. 55 of June 1, 2020. In this version, the widow is entitled to an equal share of the deceased's estate, same as the deceased's children. Thus, the answer to your question is that your dad's... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How do I obtain exemplified copies of documents from Puerto Rico?

I am trying to secure title insurance on a Florida parcel of land I purchased in 2008 from the heirs of a deceased resident of Puerto Rico. He deceased in 2000. I have the declaration of heirs and each of the heirs signed my deed. The title insurance company is requesting either a Florida mini... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 11, 2022

The certificates you require are not provided by the court. They're provided by different government agencies in Puerto Rico, as described below. The cancellation of stamps & tariffs on the certificates designate them as originals, and are, thus, not notarized (sworn).

Vital...
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