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Puerto Rico Questions & Answers
1 Answer | Asked in Family Law for Puerto Rico on
Q: My father had his last will & testament notarized in Massachusetts. He lived in MA at the time of his death.

However, My father has 4 homes on one plot of land in PR. His last will & testament states that one child receives 70% of his estate and the other receives 30%. What is legally required next for the heirs to do?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 28, 2022

Before addressing the matter of the estate left in Puerto Rico by your late father, a certified copy of your father's will, issued by a Massachusetts probate court, needs to be protocolized via a poll deed by a Notary authorized to practice Notary Law in the Commonwealth of Puerto Rico. The... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandparents died and they did not register the property, I have the deed of the property would I be able to register

The property and build if the property was never registered based on Crim?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 28, 2022

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

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: My half brother and I are part owners of a house our father left us but I own majority of the house and I want to sell

If my half brother and I are part owners of a house our father left us but I own majority of the house, can I sell The whole house to my daughter for a very low price? Even if he does not want to sell his part. Can I force the court to agree on selling the house? No one has lived in the house for... View More

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

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

1 Answer | Asked in Child Support for Puerto Rico on
Q: Hi! Can I request copy of college enrollment to Asume? He's 19 & mother says he's in colllege but I'm not sure of it.

Also, is there a way to verify if he is working? I have no contact with him and it's the mother who says he is studying. I recently removed my daughter from child support & nobody ever told me about her grades or if she worked or not. I am paying with no info, I asked to review the support... 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 Jan 18, 2022

Greetings

Yes you can get a copy thought the ASUME website, or request it so you can get it over mail.

Yes, you can request it by using one of the discovery methods in your case.

Th child support payment is established when evaluating several factors, needs of the...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: Como obtener pruebas de divorcio sin tener las fechas del matrimonio o fechas de divorcio
Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2022

Saludos

Consulte el caso en el portal del poder judicial buscando las partes por su nombre.

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: I live in the states but have a child support case in Puerto Rico. I can never get in contact with anyone.

My balance is outrageous and based off incorrect information. I never got to see the child. Just looking for information on how to go about this situation.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2022

Greetings

If your child support payment is based on false information you can always file for review and provide the proper information so the agency can correct the calculations.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Neighbor build a new house on my mom’s property while she was away in the states. What can she do?

Hurricane Maria left my mother’s home unlivable. While she was away, waiting for the home to be repaired, the neighbor knocked down the fence and build his home on her property. Is there anything she can do?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 3, 2022

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: A family member moved into my home without permission while I'm away for medical treatment. What can I do?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 2, 2022

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,...
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2 Answers | Asked in Probate for Puerto Rico on
Q: My uncle passed away in Puerto Rico. He rented a house and likely did not have a will. What legal steps are required?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 30, 2021

I'm sorry for your loss. A few questions that need to be answered, prior to addressing your question.

(1) First thing, depending on when your uncle died will determine the circumstances of succession. A new Puerto Rico Civil Code came into effect as of November 28, 2020.

(2)...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Father selling property to son in Puerto Rico

My father is from PR and bought land for $36k. I have two sisters but he has decided to sell the land to me for $20k. Will this be a legal transaction as I know PR has some different laws when it comes to family and property rights

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 18, 2021

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

1 Answer | Asked in Criminal Law for Puerto Rico on
Q: What’s the law in Puerto Rico regarding hand guns (fire arms)?
Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2021

Greetings:

Puerto Rico Weapons Law 2020, Puerto Rico Act Law No. 168-2019 from December 11, 2019

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Digital POA for the sale of one piece of property/Real Estate.

Can a POA be signed electronically by someone who resides in the state of Florida for someone in Puerto Rico? It would be for the sale of real estate. If someone has to be present during the signing, could the person be virtually present?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 20, 2021

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

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How do you assign a P.O.A. for a real estate closing sale in Puerto Rico from the mainland U.S.?
Ramon  Olivencia
Ramon Olivencia
answered on Nov 19, 2021

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

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1 Answer | Asked in Car Accidents for Puerto Rico on
Q: My elderly mother hit another vehicle, causing bodily injury to both parties. will she need to surender her license?
Tim Akpinar
Tim Akpinar
answered on Nov 4, 2021

An attorney practicing in Puerto Rico could advise best, but your question remains open for two weeks. Until you are able to consult with an attorney who is knowledgeable in local laws, regulations, and license renewal protocols, as a general U.S. rule, people do not usually lose their license as a... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Puerto Rico on
Q: How can I close my dad’s bank account and used money to pay off his funeral expenses?

My dad passed away 2 years ago in TN but he had his bank account and house in PR. He has a bank account in PR which I was authorized to used and I had power of attorney from PR while he was alive. I paid for his funeral even though he has 7 children. After paying via loans my half siblings (4) do... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 11, 2021

First off, you would need your dad's death certificate. If he granted his last will & testament, a certified copy of the will must also be provided. In the absence of a will, a petition should be filed with the Puerto Rico courts (depending on the city where the house is located) to... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My niece & nephew are now entitle to their mom share of house in PR bc she passed

They were born in New york & refuse to give original birth certificate. Can i obtain their birth certificate & how?. I want to buy home belonging to my parents

their grsnd parents . I can get their mother. My sister bc she was born in PR but not sure about her children.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 9, 2021

Having been born in NY myself, I can state that, the only ways to procure an original birth certificates for someone born there are (a) through the person him/herself, (b) through a parent, or (c) through a third party authorized by the person. I would advise that you contact an attorney who... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Puerto Rico on
Q: If childfren of deceased sibling refuse to sign house in PR to sibling willing to buy can somehing be done?

We are 13 siblings & my sister passed. her children for no reason wont provide death and birth certificate. What can be done as i dont have all info about her death(died in PA) & original is needed for pr court to complete doc for new heirs being her children.

Also, if 10 siblings... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 7, 2021

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

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Good Morning! This question is concerning property in Puerto Rico. My father past away and stepmom lives in the house.

The land was transfered under my name and the small two bedroom home is divded in between stepmom and myself since im the only child. It has been 7 years my father has passed. Do i lose my privillages since i have not done anything with the property in Puerto Rico. My stepmom is stating that she is... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 5, 2021

First off, my condolences on your loss. Second, I’d need to know whether your father granted his Last Will & Testament before his passing. Assuming that he left his Will, we’d need to determine whether he left your stepmom the right to inhabit the house for life. Even under those... View More

1 Answer | Asked in Child Custody for Puerto Rico on
Q: I am married but my last two children are not my husband's. How can I end his parental rights.

How can I prove he is not the father and end his parental rights

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 1, 2021

The Puerto Rico Civil Code establishes a presumption that children begotten within a marriage are the offspring of both spouses. A simple paternity test can determine whether of not your husband is the biological father.

Ending your spouse's paternity rights, however, is another...
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1 Answer | Asked in Contracts and Landlord - Tenant for Puerto Rico on
Q: My contract is for a year, I'm in month 7 and he wants to raise the rent. Can he legally do that?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 30, 2021

The answer your question may be available within the very contract that you signed.

Under normal circumstances, the monthly rent is fixed during the lease term (of one year). Under normal circumstances, any change to the contract during its term may only be valid with prior written consent...
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