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Puerto Rico Questions & Answers
1 Answer | Asked in Family Law for Puerto Rico on
Q: Hi, does a father have any legal rights to his children even if his name is on the Birth Cert. but never married lived w

Hi, does a father have any legal rights to his children even if his name is on the Birth Cert. but never married or lived with the child?

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 12, 2020

Greetings;

The answer is yes. You have all legal rights and obligations towards your children, even when you're not legally married or have never married the mother of your children. You will have to hire legal representation and file in a court of law to establish an official and...
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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I live in the US, my children live in PR. The dept social services has asked me to go meet with them.

They see reason to remove kids from mom. If I am awarded physical custody do I have to relocate to Puerto Rico or can I bring kids to US. We are now in court fighting for custody.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 12, 2020

Greetings:

If you're fighting for legal custody this means you have a legal representative. It is not our place to intervene in your attorney/client relationship or give you any legal counsel that may give the appearance of improper intervention due to ethical rules.

if...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father has a property in Puerto Rico and died in January 2017. My father lived in New Jersey and left a will.

What steps do I need to take now to sell the house and what are the fees associated with this?

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Oct 26, 2020

It´s difficult to offer an estimate without first looking at the details of your case, particularly the will and the details of the real estate. There are a number of steps to take by the attorney, which, in a nutshell, are: 1) validation of the will, 2) Inheritance Estate Form with the PR... Read more »

2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Puerto Rico on
Q: How long does my son's father have to be absent to be considered abandonment, and terminate his parental rights?

We are not married. His name is not on the birth certificate. I have proof he denied the baby, refused involvement, left &moved states during the pregnancy. I have proof that he refuses to tell me where he is. I offered him a DNA test which he also refuses. He has not offered any financial... Read more »

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Oct 25, 2020

Greetings:

You'll have to file a parental filiation or parentage case and all the case related to it. These type of case are very technical, so we advice you to hire legal representation.

If you have any other questions, feel free to contact us. We will be glad to be at your service.

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1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My dad passed away 8 yrs ago in P.R. & didn’t have a will. His estate went to probate court. How do i get a copy
Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Oct 23, 2020

You can obtain a copy via the courts at the same town/city where he lived or had his main real estate property, if any.

1 Answer | Asked in Business Formation and Business Law for Puerto Rico on
Q: I recently moved to Puerto Rico from Florida and my employer offered for me to work remotely as 1099 employee

Since I would be 1099 how do I set up an LLC and who or what agency do I use? I know in Florida you can do it online. I’m assuming I would also be able to write off things such as internet, cell phone and any office supplies as part of the LLC

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 18, 2020

Hello and thank you for using Justia. You mention that you recently moved to Puerto Rico. One of the requirements for incorporating is the need for a Resident Agent of the corporation and an Incorporator, thus it must be a legal resident of Puerto Rico. (Living in Puerto Rico for more than 6... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: My mother is 60, a man we want to do DNA test is 87 I believe. But his wife and kids refuse to let him do it. How can we

How can we get permission to test him to see if he is my moms dad? He has early Alzheimers but he still recall many things.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 15, 2020

To the Justia moderator, this is a question about Parents not Patents so the Patents topic should be dropped.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Does quit claim deed exist in PR?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 15, 2020

Hello and thank you for using Justia. No they do not. Our legal system is based on civil law not common law.

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

1 Answer | Asked in Consumer Law and International Law for Puerto Rico on
Q: Hi, if I refuse my inheritance in PRand give it to my sister, am I totally free of any debts, liens or any financial i
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 15, 2020

Hello and thank you for using Justia. Under the New Civil code that takes effect this Noviember, Inheritors do not respond for the debts of the Estate beyond the value of thier share in the Estate.

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

1 Answer | Asked in Divorce for Puerto Rico on
Q: My mom bought a house for me I was married my husband's name is not on the deed and we're divorcing. Can he get house.
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Oct 5, 2020

Greetings:

Did you have a prenuptial agreement when you married? Did he agreed to this when it happened? If so. is it documented? I what jurisdiction is the property situated? All of these questions can help into solving this controversy. Even so, he might try to go after this property. If...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: My mother gifted me a house to pass down to my children it was a gift from her my husband's name is not on the deed

My mother paid for the house so that I could pass it down from generation to generation my husband has never had a job and his name is not on the deed. He knew this when we bought the house he was in the meeting and did not object to having his name not put on the deed. Once again hes never paid a... Read more »

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Oct 5, 2020

Greetings:

Did you have a prenuptial agreement when you married? Did he agreed to this when it happened? If so. is it documented? I what jurisdiction is the property situated? All of these questions can help into solving this controversy. Even so, he might try to go after this property. If...
Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: I own property in Puerto Rico with my mom and she passed away 21 years ago. I have paid the taxes.

I have siblings, are they entitled to our mother’s portion?

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Oct 5, 2020

Yes, your siblings are entitled to the mother´s portion. If you have paid the taxes, then you can arrange with them for a credit on your behalf. It is important that inheritances be transferred and finished promptly to avoid the possibility of extra taxes or problems related to the passing of time.

1 Answer | Asked in Child Custody for Puerto Rico on
Q: If both parents have 50% custody and one of the children wants to live with the father, what age can child say so
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 28, 2020

Hello and thank you for using Justia. There is no specified age in law. The general standard is that at age 10 the Child has an opinión but the Court is not obligated. The key factor is the best resource for the child regardless of the age.

If you need additional information please feel...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My mom rented the house to my cousin and he hasn’t pay her rent for 4 month with this one. Is it possible she can evict

Him. She want to make sure she can before she contact him.

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

Hello and thank you for using Justia. Yes she can file for eviction.

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

1 Answer | Asked in Contracts for Puerto Rico on
Q: Is a contract legally binding if I signed it as an 18 year old in puerto rico?

I'm an American and staying in Puerto Rico right now. I'm 18 and I signed a contract here while in puerto rico. Is it legally binding? I was born in America and I do not have a Puerto Rican citenzship.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 21, 2020

Hello and thank you for using Justia. We are all American citizens since anyone born in Puerto Rico is an American citizen.

In Puerto Rico, a person is considered as being under the age of adulthood until the age of twenty-one. Under age twenty-one you are a minor and thus donot have the...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: My daughter will be 19 and lives in PR. I'm non-custodial parent. She wants to live with me in FL. Is she an adult now?

Do I need to file a court authorization request?

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

Hello and thank you for using Justia. In Puerto Rico she is still an underaged minor for many legal situations, custody being one of them. The best scenario is for all three to talj it over and then decide. The daughter can petitión the Court for emancipation or intervention on certain family... Read more »

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: How do I collect my inheritance when it’s been deposited into court waiting to be collected? I live in the states

My grandmother estate was finally completed and told that Judge put my portion of the inheritance Into court system till I collect. I live in the states and it’s a pandemic so I can’t fly to P.R. to collect inheritance and I do not have money for a lawyer plus I don’t even know how I would... Read more »

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

You need to hire an attorney, particularly since you don’t know the intricacies of our court system and you are from out of state. Besides, if you will be getting some moneys then it will be wise to

use a portion of it to pay for legal services. After all, it’s not that straightforward...
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1 Answer | Asked in Adoption for Puerto Rico on
Q: How do you obtain a birth certificate after being adopted in Puerto Rico?

Born in New York. At age 7 adopted in Puerto Rico. How to obtain Puerto Rican birth certificate with adoptive parent info?

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

Hello and thank you for using Justia. Since you we're bien in New York City you do not qualify for a birth certificate in Puerto Rico. You will need to get a name change in New York State Courts using the adoption decrece issued un Puerto Rico.

If you need additional information please...
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1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: A friend needs to transfer a home to my name that's free and clear because I gave her the money to purchase. What to do

The home isn't purchased yet. Sellers will only sell to her not me. I'm going to give her the money for a cash deal. How could I get a contract with her to protect myself and how do I transfer in my name after the purchase and what's involved

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

Hello and thank you for using Justia. The best and safest way to complete your goal is by making a Power of Attorney in her favor to represent you in the purchase.

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

1 Answer | Asked in Family Law for Puerto Rico on
Q: I'm 16 and live in Puerto Rico can I leave without consent?

I'm currently living under to much stress and pressure. With parents that don't try to understand how I feel or change. They can be very toxic and it affects me mentally. Can I leave without consent and stay with friends?

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

Hello and thank you for using Justia. Un Puerto Rico the law states that a person is an under aged minor until the age of twenty-one. Thus being an under aged minor, they are under the custody of an adult. Thus you cannot leave without authorization from your parents or your custodial adult.... Read more »

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