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Puerto Rico Questions & Answers
1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How do I find out how much a house was sold for 3 years ago? We believe my cousin may have ripped my father off

He is 84 years old and he only received $10,000 from the sale. We believe it was sold for way more money and she kept the difference.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 19, 2020

Hello and thank you for using Justia. You can verify with the Notary Public whom signed the sales agreement. You can also verify with the Property Registry Department and/or CRIM(Property Taxes).

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can my spouse sell our mutually owned property acquired during marriage without my consent?

My wife listed our property for sale without my consent. I only recently found out. It’s been on the market for a year now again without my knowledge. Can a realtor list the property without my consent? Will my spouse be able to sell the home without my consent? We both reside in NJ. Please... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 19, 2020

Hello and thank you for using Justia. Under local laws, both spouses are equal owners and admistrators of the property. As an administrator of the marital society, all acta have to be in benefit of the society. Thus she can hire a Realtor and list the property for sale, however no transfer of said... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Hi, My Brother passed away a year ago. He owned a house in Aguadilla, PR that was paid in full.

Before my brother passed away a year ago he made a will had it witnessed and notarized in his county of residence in FL. In the will he left equal parts of the house enherited to his mother, his niece and his only daughter. His life insurance and bank accounts were left 100% to his mother. How can... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 17, 2020

Hello and thank you for using Justia. Under Puerto Rico Inheritance Laws, one-third of all belongings are reserved for the children. Thus the Testament (Will) made in Florida would not be a legal document in Puerto Rico since it violates the Inheritance Laws of Puerto Rico. Thus under local Law,... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will.

Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will and now she wants to sell. She was the beneficiary on his 401k. Does she have full ownership of the home now and if not what steps must she go through to sell the home. He does have a some... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 17, 2020

Hello and thank you for using Justia. You first have to define joint ownership. If the property is registered in the Property Registry Department un both names then we have a legal Community Property Society.

Once this is established, an Estate must be created for Probate. You have stated...
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1 Answer | Asked in Business Formation for Puerto Rico on
Q: Is it recommended to sell a home fsbo if it has inherente?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 17, 2020

Hello and thank you for using Justia. You should not sell any property until it's titleship has been cleared. The title must be in all the names of the Inheritors. You will first need a Declarations of Inheritors process before you can legally sell.

If you need additional information...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Can a parking lot for heavy machinery (trucks, diggers, excavators, etc.) be placed in middle of a residential area?

In a barrio that is mainly residential, a contractor has decided to store his equipment in the middle of a residential neighborhood. At the entrance to the barrio, close to the highway that runs past it, he established a parking lot/junk yard that has suddenly run out of space. He bought another... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 17, 2020

Hello and thank you for using Justia. You will need to consult with the Municipal Code to verify if there is any regulations on this matter. You can also file a consultation request with the Planning Board and the Permits and Regulations Board (ARPE) to verify if the proyecto has Permits for said... View More

2 Answers | Asked in Estate Planning, Elder Law and Probate for Puerto Rico on
Q: What is the caregiver law that states the person who solely cared for family has a right to compensation from family?

Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 14, 2020

Hello and thank you for using Justia. Care givers benéfits are available but only while the care giving is being given. No benéfits after death.

What you need to do is Probate the Estate and Testament. This wll assure your share of the Inheritance.

If you need additional...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Q: My M-i-L has a property in PR with 2 tenants, neither have contract. She is interested in selling the house. Any issue?

One tenant on main floor and other on 2nd floor is her granddaughter (i.e. my niece) with her boyfriend whom has a child (not my niece's child). What steps can MiL take to sell the property?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 11, 2020

Hello and thank you for using Justia. No contract, no legal issues. Your M-i-l Just needs to list the property and sell it.

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandparents passed. No will was left. How can my dad get the house in his name?

My dad's brothers aren't interested in the house but also don't want to sign it over. We have been living in this house over 30 years, since before my grandparents passed.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 10, 2020

Hello and thank you for using Justia. You Will need to file in Court a judicial process for Declarations of Inheritors. Once the Court has issued a Resolución, the next step is to file the Inheritance Tax Return requesting a Tax Reléase. With said Tax Reléase the property Inheritors will be... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Puerto Rico on
Q: My daughter & son in law are drug addicts and alcoholics and are neglectful of their two children. CPS & 911 reports

on file in PR. Can grandparents get temporary custody while court requires rehabilitation?

We live in Wa state! Our home was the children’s home away from home before they moved from here to PR! Son in law is abusive to our daughter and has complete control over her! What can be done to... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 2, 2020

Hello and thank you for using Justia. Yes the Grandparents can petitión for custody of the children if thier wellbeing is at risk. This is done by filing a petition in Family Court, notifying the Family Department, notifying the Child Protection Agency or directly with the Court.

Please...
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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Hello, my mother in law lost all documents to a property she has in Guayama P.R, How can we go about getting them ?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 31, 2020

Hello and thank you for using Justia. She can get all the information related to her property visiting the Property Registry Department or the CRIM Office. Both agencias have web sites for online viewing of the information. You can also hire an Attorney to do the research for her.

If you...
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1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: How can I obtain copies of my court order to pay child support in PR?

I need to confirm a stipulation in my court order which transfers the obligation depending on where my children reside. If I remember correctly, this stipulation was included when my court order was finalized to which my lawyer at the time asked to include because she knew I had every intent to... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 29, 2020

Hello and thank you for using Justia. You can find your case file at the Court House where the original case was heard. You should call said Court and verify if your file is physically there or if it has been sent to Central Archíve.

If you need additional information please feel free to...
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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I’m 16, can I decide with whom I want to live?

Hi! I’m 16 and I would like to know if I could decide with whom I want to live. My parents were not married when they had me so my mother has custody of me but she is moving to Florida and I have expressed her that I don’t want to live there, I want to stay in Puerto Rico but they don’t... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 25, 2020

Hello and thank you for using Justia. You can have your Father petitión for your custody. At the Hearing of the Petitión you will be able to testify and you opinión will be heard. This will in most instances allow a Court to rule in your Father's favor and allow you to stay un Puerto Rico.... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: I am 21 and still going to college but my parent stopped sending child support. Is this legal?
Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2020

Greetings:

It will depend on many factors and whether you stopped studying temporarily. If you never left school and have both academic aptitude and attitude under the court standards test, then his ceasing of paying child support and exercising his responsibilities might be illegal....
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1 Answer | Asked in Child Custody for Puerto Rico on
Q: Is there a legal age that a child can decide where they would like to live.

My daughter has express multiple times wanting to live with me. What can I do?

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2020

Greetings:

It may depend on many factors, but you can certainly retain the services of an attorney and file for legal custody and all the cases related to the matter.

The court will evaluate and order a social study, as well as an evaluation to oversee if such changes will result on...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: When selling property, Who pays lawyers fees, stamps, etc?. Approximately what are lawyer's fees?. Thank you
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 8, 2020

Hello and thank you for using Justia. The Buyer pays costs of original documents and the Seller

pays for the certified copies of the documents.

Please verify the following web page for costs, charges and fees that are invoiced httpp://www.fianzanotarialpr.org/calnota/

If...
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1 Answer | Asked in Medical Malpractice and Family Law for Puerto Rico on
Q: My son recently diagnosed with schizophrenia. He is 24. He lived in PR on his own since Jan 2016.

He had been evicted from two apts. Has no family to look out for him in PR. As the Mother I recently went to PR to file a petition to remove him from the apt. He was put in a psychiatric hospital for 1 week and was supposed to cone home to NY with me. After being released he did not want to take... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 5, 2020

This question is not a NY question. Since your son is in PR he is subject to the law of PR not NY. You need to speak with an attorney in PR to see what if anything can be done.

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Puerto Rico on
Q: If a sibling passes prior to parent, are their children entitled to Puerto Rico land inheritance(1/3 law) under PR law?

My mother/aunt-in-law wish to sign over their mothers property in PR to my wife. I have several questions:

1) Their brother died prior to her grandmother, but he had children. Do they have a claim to the property? 2) I am unsure if anyone took care of the inheritance tax, as seen on... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 3, 2020

Hello and thank you for using Justia. First off, I thank you for your services to the Armed Forces.

1) The Grand Mother is the "Causante" thus an Estate has to be created in her name. The members of the Estate are your Mother in Law, Aunt in Law and your deceased Uncle in Law. The...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Can a marriage be annulled after 2 years?

My mom got married at 72 and now is in a verbally abusive relationship. She is the income provider of the household and he wants access to her money. She no longer wants to be both him but she is afraid of the repercussions. She is a resident of Puerto Rico but the marriage took place in Maryland.... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 29, 2020

Hello and thank you for using Justia. The annulment of a marriage can only be done in the jurisdicción where the marriage Rook place in other words you will need to verify under Maryland laws.

In Puerto Rico she can can get divorced under our laws. If you need additional information please...
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1 Answer | Asked in Uncategorized for Puerto Rico on
Q: Can i sue a news company for hacking and eavesdropping through my laptop and cellphone microphone?
Tim Akpinar
Tim Akpinar
answered on Jun 26, 2020

An attorney familiar with the applicable laws of Puerto Rico could advise best. But you await a response for four weeks. As a general matter, if a wiretap is conducted by authorities, there is ordinarily a need for a warrant based on probable cause. As an action not conducted by the state, it could... View More

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