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Puerto Rico Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Puerto Rico on
Q: Mom passed in 2005, she owned lots of land and buildings. No Inheritance Tax Return was ever filed.

Is there a tax with interest and penalty due. Value of Estate is around $4m. There has been 3 bad lawyers involved and internal as well as external fighting that has now lasted 17yrs from DOD. I am very concerned about potential liabilities. All born in PR, 3 live in USA and 1 still lives in P.R..

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 8, 2020

Hello and thank you for using Justia. Very sorry to read that you have had horrible expirience with the prior three Attornys.

An Inheritance Tax Return must be filed as soon as possible. There will be a Tax liability on the value of the Estate plus penalties and ingrest fees. In addition...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: In PR, the child was in jail for drugs/sales, etc. at age 17. Will this remove the child support order?

The young man spent a couple of years in jail. What happens in this case? Remove the CS?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 7, 2020

Hello and thank you for using Justia. No it would not eliminate the Child Support Order.

You would need to petitión the Court informing them of the current situatión of incarceration of the minor and request adjustments to the Child Support Order as seen fit.

If you need...
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2 Answers | Asked in Child Support for Puerto Rico on
Q: What lawyer will take my case being that its ASUME in Puerto Rico? I might have to go the island and try?

Asume in Puerto Rico is very difficult to make contact with.. Things such as kids mom getting married son dropping out daughter is now pregnant and graduating high school has never been reported by custodial parent. I have the documents to most of the things but still have not recieved a word... Read more »

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

Hello and thank you for using Justia. You are dealing with an agency that is almost impossible to contact from a remote location. This is a must visit agency. Even then it is a daunting task even for Attorneys. This is a very téchnical agency with a vast collection of regulations and laws all of... Read more »

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1 Answer | Asked in Probate for Puerto Rico on
Q: How do i find out if my mother had a Will in Puerto Rico

My m9ther passed away in march and im in fl and can not travel (due to Covid)or get a hold of her attorney down there to see if she had a Will. She was with me in Fl when she got sick and passed. I cant get anyone to speak with us until i find this out.

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Jun 1, 2020

An attorney can place a search at the Registry of Wills of Puerto Rico to find out if your mother left a will on the island. It is highly recommended that it is done via an attorney since he/she will know how to go about through that process while making sure to include all the necessary requisites... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: can i find out if my dad owned anything when he passed away?

My father lived in Puerto Rico along with my 3 siblings. I live in New York. He recently passed away and I went to Puerto Rico to see if he had a will I received a notice from the court that there was no will. I know the next step would be to go to court and establish that I am an heir however I... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Jun 1, 2020

You can hire an attorney to do a real estate property search, via a title search study. As well, that same attorney could search within the local banks for any accounts left by your dad. In any case, you would have to do a Declaration of Heirs, via an attorney as well, so that the courts can... Read more »

2 Answers | Asked in Child Support for Puerto Rico on
Q: Can by balance of 35k be reduced or 0 out in Puerto Rico?

My son had dropped out of high school at 16 then decided to go to job corps. Graduated at 17 was working for some people on the island then move to FL. Just turning 18yo. Lived with me and i found him employment were i am currently. He was with me for about a year before he moved out and back with... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 1, 2020

Hello and thank you for using Justia. You can and must get the Child support order reviewed and ceased. You also need to request credit for payments made directly to the Child while he was in your physical custody (residing) and / or under your care. This is amatter that you problably would want to... Read more »

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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Is it possible to move to New York from Puerto Rico without the father's permission?

We are not married and he left us when she was 2 1/2 months to Texas then to Florida. He came back in November 2019. He now lives in PR but has rarely visited us. My daughter is now 1 year and a few months old. He has really made much efforts on helping us. My mother and grandmother has been... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 27, 2020

Hello and thank you for using Justia. You will need the Father's consent to travel with the child to New York. If the Father does not give consent then you will need to request Court Authority for travel and transfer of the Child to New York.

Your case presents a special complication....
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Why Asume in PR has never sent the child support money to the child's mother?

Asume in PR has been garnishing child support from paycheck, but the mother of the child has never received the money; it's been months. I received a letter from IRS that the stimulus check was sent to Asume, my current wife and little son ended up with nothing, still the mother of my other... Read more »

Jose Rivera
Jose Rivera answered on May 16, 2020

Greetings:

You with have to hire a legal representative and file a motion to request a court order for them to comply with their obligation.

If you have any other questions contact us directly and we will be glad to be at your service.

1 Answer | Asked in Child Support for Puerto Rico on
Q: Puerto Rico Child Support. What can I do if the federal government collected arrears past the Statute of Limitations dat

My son is 27 years old, more than 5 years past his age of majority, hence past the Statute of Limitations in Puerto Rico. But the federal government collected some past arrears from my tax refund. What can I do to get my money back and stop future garnishment?

Jose Rivera
Jose Rivera answered on May 16, 2020

Greetings:

If you have a child support outstanding debt they can collect through any means. Your best bet would be to establish a payment plan or pay in full the debt if you can. Through your legal representation.

If you have any other questions feel free to contact us directly and...
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1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Puerto Rico on
Q: Whats the scoop on transferring auto loans in Puerto Rico, Affidavit vs no affadavit, How does it work on both sides?

I'd like to get a vehicle on the island and I understand the traditional methods of leasing and financing but i'm not familiar with the loan transfer process and can't find any relevant info via the web so far. I need a used vehicle but due to current circumstances, i'm unsure... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 13, 2020

Hello and thank you for using Justia. You will not find any laws since it is ilegal to transfer an account without the lender's authorization. There are many instances that have occured where the vehicle is sold to a third party but the title and loan continue in the name that appears on the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Puerto Rico on
Q: With being far a way from my grandmother am I able to call the police to have people removed from her home

They are causing a lot of problems and neighbors are saying abuse is even happening in the house . Abuse to the elderly

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 13, 2020

Hello and thank you for using Justia.

You have been notified by a third party that your Grandmother is being subjected to Elderly Abuse. You must immediately call the Puerto Rico Abuse Hotline at (787) 725-9788 or (787) 721-8225 and report the abuse. In addition you can contact the...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Dad passed away in Puerto Rico. By law can I get some of his ashes? I am his adult daughter that lives in Florida.

My grandmother, his mom, passed away one month before him and the family would like to inter the ashes in the same mausoleum in Colombia. His common-law wife refuses to interact with his daughters. Legally can something be done to get some of his ashes?

Jose Rivera
Jose Rivera answered on May 11, 2020

Greetings;

Our condolences to you and your family. You have to know the whereabouts of your dad and know what happened afterwards. Then you will have to get a release form the agency and a court order to be able to request the procedure to be made in order to transport the ashes with you....
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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Puerto Rico on
Q: Im not married to my sons father and i want to leave puerto rico due to domestic violence. Can he sue me for kidnapping?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 8, 2020

That is a question of Puerto Rican law, not Florida Law.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Selling a home in Puerto Rico.

My mom passed a away a few months ago. She owned a property in Puerto Rico that I would like to sell. She didn't create a will since I am her only heir. What steps do I need to take to sell the home. I live in Pennsylvania, so it's hard getting information. I do have the escritura, but... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on May 7, 2020

Before an heir can sell a property, it is mandatory that the inheritance process has finished. Therefore, the first step is to hire an attorney who you can work with. Currently, there are a number of lawyers working remotely so being in the USA is not a problem. Here is a summary of the steps... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My dad passed away; the family would like part of his ashes.

Would like to inter them with his mother's ashes in Colombia (she passed away one month before him). He passed 4/29/2020 in San Juan Puerto Rico. Can we legally force his common law spouse to give up a part of the ashes? I live in Florida.

Thank you, Martha

Terrence H Thorgaard
Terrence H Thorgaard answered on May 5, 2020

You are asking if someone in Puerto Rico who has your father's ashes can be made to send part of the ashes to Columbia? This is a matter of Puerto Rican law, not Florida law. So you should ask your question in Justia > Ask a Lawyer > Puerto Rico.

2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Mother of my two daughters left to Las Vegas without my permission. How do I enforce bringing them back to PR?

t

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 4, 2020

Hello and thank you for using Justia. You will need a certified copy of the Court Order and attached a Apostille Stamp from the State Department un Puerto Rico. With the document, you Will appear in the Las Vegas Court House and request a Court Marshalls assistance to get your daughters.

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My wife has a fence that has a fence about 4 inches on her side of the property line. She had a survey and the Engineer

The engineer staked the property line. My wife says that she now needs to move the fence to the line? Is this correct?

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

Hello and thank you for using Justia. Now that she has had an Engineer prepare a "Mensura" (property measures), she needs to get Court Authorization to move the fence. This is a legal process to revindicate the property dementions as registered in the Property Registry Department, thus... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: my son is 16 , he been living with me since january 2020 i own 5,000 in child support ,but they still taking money from

my check what should i do

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 27, 2020

Hello and thank you for using Justia. You will need to notify the Court that your Child is with you and that all monies paid since January should be credited to Child Support arrears.

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

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Puerto Rico on
Q: My grandmother in Puerto Rico has passed and I need assistance probating her estate I have her testament

My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... Read more »

Naomi Jusino
Naomi Jusino answered on Apr 21, 2020

Dear reader,

For the process you will need to request a certification to grant that the Will was the last one and hasn’t been modified. Before you can divide the estate or goods, you will need to fill some documents with the Treasury Department in Puerto Rico so the can give you the...
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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Hello, My dad passed away 2009, him and my mom did not have a will.I have 1 older sister married no kids,

I am married and have 3children and they are the only grandchildren of my parents. I want

To fix the house and live in it.

Do I have to do anything legally? I was told by my aunts and uncles I could live and fix my dads house.

It has been abondkanded by my mom for the last 11 years.

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

Hello and thank you for using Justia. Yes you must first complete the Probate process for both of your beloved Parents. This is done by creating an individual Estate for each of your beloved Parents. Once the Court has declared whom the members of each Estate are (Inheritors). Next you will need to... Read more »

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