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Puerto Rico Questions & Answers
1 Answer | Asked in Contracts and Energy, Oil and Gas for Puerto Rico on
Q: If I sign a lease agreement in Puerto Rico for reusable energy for 25 years and I die does the lease agreement stops?

I want to know if my family are obligated to continue paying my lease agreement if I die in Puerto Rico. Property is not involved. Energy service.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 15, 2022

As a general rule, when a person dies, his/her estate is made up of that person's assets and outstanding obligations (liabilities). As contracts go, usually, the death of one of the subscribing parties terminates the contract. Nevertheless, the lease contract should be revised to determine... View More

1 Answer | Asked in Family Law and Estate Planning for Puerto Rico on
Q: i need my fathers will from arecibo puerto rico
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 15, 2022

In order to procure your father's will, you first need to procure or provide his death certificate. With the certificate, we request a certification of will from the Office of Notary Inspections. Said certification will identify whether your father was testate upon his death, the will's... View More

1 Answer | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: I looked up how to get my grandpa's death certificate, but everything says I can't be a grandchild. what do i do?

I know i am a beneficairy, but I don't have the will, and It says i am not entitled to the death certificate. I just want to reach the executor of my grandfather's estate cause they know I am a beneficiary and will tell me what I need to know. How do I find out who it is?

Ramon  Olivencia
Ramon Olivencia
answered on Aug 12, 2022

If the person passed away in Puerto Rico and you are a beneficiary, an attorney should be able to obtain the death certificate for you, as well as a copy of the will.

1 Answer | Asked in Child Custody for Puerto Rico on
Q: My child will be 21, FT student in Univ .Does he have to fill his own claim to keep receiving child support when 21?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 12, 2022

I'm not clear on what "FT" means. Nevertheless, once your child becomes of legal age at 21, he or she must assume responsibility for requiring what is no longer "child support", but rather support between relatives ("alimentos entre parientes"). Puerto Rico... View More

1 Answer | Asked in Car Accidents for Puerto Rico on
Q: If a person bumped into the back of me while I was reversing in puerto rico what is my legal obligation?

The person driving the other vehicle is not the owner

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2022

An attorney who practices in Puerto Rico could advise best here, as the accident took place there. But your question remains open for three weeks. If you reached out to attorneys, they would likely have some questions about the circumstances of the accident. It sounds like it could possibly involve... View More

1 Answer | Asked in Landlord - Tenant for Puerto Rico on
Q: I rented an apt in Puerto Rico. The landlord assured me the place had been fumigated.

He assured me it was fumigated because I pointed out there were two empty one gallon jugs present at the viewing. Over the first two months the bugs were so thick I would awaken at night with bugs covering me. I stayed a total of ten days in two months complaining they needed to handle it. Can I... View More

Elaine Shay
Elaine Shay
answered on Aug 1, 2022

Since laws vary by jurisdiction and the apartment is in Puerto Rico, you will need to direct your question to a board with attorneys admitted to practice in Puerto Rico instead of New York.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Puerto Rico on
Q: how do I get a copy of my grandfather's will in puerto rico

he died and everyone said he left money for all his grand children, but my mother wont share a copy of the will. People are saying she stole my inheritence.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 25, 2022

I'm assuming that your grandfather died in Puerto Rico and that he granted his Last Will & Testament in Puerto Rico. As such, the first step would be to procure a copy of his death certificate from the Demographics Registry. With the certificate in hand, a request for certification would... View More

1 Answer | Asked in Divorce for Puerto Rico on
Q: Divorce entered in Norway, is it legal in Puerto Rico?

Me (Norwegian citizen, living in Norway) and my ex-wife (Puerto Rican citizen, living in USA) have signed divorce papers in Norway. We married in PR. She signed them through an e-file sent by the Norwegian government while being in USA. Is this divorce legal in PR? If not, what do we need to do to... View More

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2022

Greetings:

There is a process called protocolization that naturalizes any judicial decree that was made in another jurisdiction.

1 Answer | Asked in Probate for Puerto Rico on
Q: What is the correct jurisdiction for a probate case with a house that is located in Puerto Rico?

I have my stepdad will which was created in 1994. He resided in Florida at that time. He passed away in 2007 in Puerto Rico. He did not have any children on his own. He was married to my mom and she also passed away in 2012. The asset in question is a house located in Puerto Rico. I was told by the... View More

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

Puerto Rico courts have jurisdiction, since your dad left an estate in Puerto Rico. The same holds true for your mom's estate, assuming that the real estate property you write off was jointly acquired by both of your parents. Your dad's will, if you have the original, may be eligible to... View More

1 Answer | Asked in Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Can you remove someone from an inherited property that's been living there without paying rent.

The party living there is the son of 1 of the 5 inherited people. They also have a son who is autistic and lives there as well. Will that affect any decision made by a judge in a court of law

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 20, 2022

First off, in an estate where the heirs have been registered as the new owners of the real estate property, the other co-owners may require the heir (or son of the heir) to pay rent to the community. This, however, would be prospective, as of the date on which a formal letter is sent to the party... View More

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Which order to follow & school expenses?

My husband’s original child support order only mentioned he is to pay the basic support amount and that he was to cover 50% of gastos escolares. His most recent modified order includes the basic support plus a supplementary monthly education expense (believes it’s for tutoring) and he is to... View More

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

The answer to both of your questions is "Yes". Your child's father is responsible for paying half of any and all expenses associated to your child's education, including books, materials, clothing, and extracurricular activities.

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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: I'm married and the asset in my name, if i set up a trust for my children to inherit, will my spouse have any rights?

Will my spouse's children from his first marriage have any rights to the asset if placed in a trust?

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

After November 28, 2020, a new Puerto Rico Civil Code came into effect. One of the primary changes regarding successions (probate law) has to do with the fact that the spouse is now as much a legal heir as the rest of your children. The Puerto Rico Civil Code also states that a person can donate... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Puerto Rico on
Q: Brother is heir of 3 parts of house same brother also purchased land from Municipal can another heir make brother sell

8 heirs, 2 of 8 gave their rights of property to a brother. That brother bought the land the house is on from the Municipal. Can other heirs make brother sell the house and land

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

The Puerto Rico Civil Code states that no co-owner can be forced to remain in a property community. Any one of the remaining 5 heirs with a vested interest in the real estate property may go before the Puerto Rico courts to force a sale of the property, unless the heir with a majority share buys... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: We own land in PR that has not been lived on in 50+ years. We can't find the deed. We need a copy of the deed.

We do not have the lot number or origianl deed, only a copy of the original plan. We're looking to get a copy of the deed and clean up and build on the land.

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

In order to procure a detailed history of a real estate property in Puerto Rico, we'd need to identify the real estate in the Property Registry and in the Municipal Income Collections Center ("CRIM", by its Spanish acronym). An initial search may be made based upon who appears... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: How are estate expenses with 5 heirs with different inheritances from the will. Proportional to $ received or equal div?

The will left everything to 1 person, who is deceased, their 3 kids are heirs. The deceased had a brother and sister who were not in will but are being allocated 1/9th each of the estate value (1/3 of 1/3 forced heir dispost). 5 heirs are using 1 attorney and 1 heir has their own. The question is... View More

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

If the deceased left is entire estate to one person who is - I assume - a sibling, I take it to mean that the deceased died without a spouse, without descendants, and without living parents. The way you describe the proposed distribution, it seems that the deceased granted his/her Last Will &... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: My mom wants to gift her PR home to me (her only heir). What tax/other issues should I be aware of?

My mother is a PR resident (I am not), and wants to gift her home to me before she remarries or dies. She also said she may want to still live in the home after she gifts it to me. She said she would gift the title, but still have it enscribed in her name. I want to accept her kind gift, but I am... View More

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

First off, unless your mother donates the property to you by way of a deed the Property Registry would still register the real estate in her name. Once she transfers the property in fee simple to you, it needs to be inscribed in your name by filing a certified copy of the donation deed and of your... View More

2 Answers | Asked in Personal Injury and Small Claims for Puerto Rico on
Q: How can I file a small claims law suit in Puerto Rico? I

I was injured on a excursion tour.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 15, 2022

Without further information, I can only counsel regarding the forum before which to present your cause. If you received your injury while on a cruise ship or ferry boat within the jurisdiction of the Commonwealth of Puerto Rico, and depending on the severity of said injuries, you may present your... View More

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1 Answer | Asked in Divorce for Puerto Rico on
Q: Can I keep our home if we have 2 minors or do I have to sell it if my husband insist on it? We are divorcing.

The house was bought while married. I can afford the payment but not to buy him out.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2022

Greetings:

When you file for divorce and have 2 minors that where conceived on the matrimony, the non custodial parent has to provide child support and shelter for the minors.

The division of property doesn't expire until it's resolve among the parties. So the request...
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1 Answer | Asked in Probate and Real Estate Law for Puerto Rico on
Q: They purchased 10 acres, My father did not have a will. Co-owner has shown a copy of my father’s death certificate.

They purchased a 10 acre plot of land. The co-owner sold the land without consulting my mother and kept all the profits. My father did not have a will. Before my father death he gave me the legal documents of the property in question, and found out the co-owner has shown my father’s death... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2022

If your father left no will, a declaration of heirs should've been petitioned before the courts. I would highly recommend procuring an in-depth title study of that property and procure the scanned historic foils (pages) of that property, to research how it got sold. I would need to review the... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Can a property that is co-owned and one of the owners pass away be sold without consulting the deceased family?

After my father’s death in 2001, five months later his friend decided to sell the property without notifying our family, but many years later 2022 we noticed that was done. Is there’s any advice to pursuing this or is to late? This happened in Puerto Rico.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2022

I'm assuming that your argument implies that said property (whether real estate or not) belonged in life to your late father; and that the sale was somehow illicit. Without additional information, it is difficult to address your question. If the property you speak of is real estate, you could... View More

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