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Puerto Rico Questions & Answers
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?

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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... View 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... View 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... View More

1 Answer | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: How do squters get their power and water turned on with out owning the deed to a property.
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 19, 2020

Hello and thank you for using Justia. Usually a sworn Declaration stating that they are the residents of said property will allow them to get public utilities connected.

1 Answer | Asked in Child Support for Puerto Rico on
Q: Please state the law that orders the non custodial parent to seek order to stop support after majority?

I have a child support order from Puerto Rico but I live in Texas. My oldest daughter has reached majority but my son has not. The father has not requested termination and decided to give me half of the support. What Puerto Rican law states that child support does not end automatically at the... View More

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

Hello and thank you for using Justia. Child Support order can only be modified by a Court Order. Thus for the elimination of a Child Support order the Court must rule on eliminating the Order. Please Vieques the following link on this matter; http://www.ramajudicial.pr/orientacion/pension.htm... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: How to stop child support in Puerto Rico? Can you provide me with the statute?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 12, 2020

Hello and thank you for using Justia. The applicable laws are found un the Civil Code under sections 31 LPRA 568 and 569. They state that Child support ends by a decree ordered by a Court or ASUME only and for reasons specifically mentioned in the law. You must request un writting the elimination... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandmother was murdered in her home April 3rd I flew here to bury her and claim the estate I can’t find her will

The island is locked down and I need to know how to claim this estate so I can sell the house where do I go to do these things? I have found the deed but not the will I know she had one but I can’t find it and her attorney died two years ago

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

Hello and thank you for using Justia. All Testaments (Wills) suscribed by an Attorney/Notary Public have to be registered in the Office of Inspections of Notary Publics(ODIN). You will be able to get a certification of existance. Once you have the certification you then visit the Office of Notary... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: if a parent leaves their child for months at a time and the child was in university (19-20yo) what should happen. in PR*

legal and step parent left puerto rico for just about 4 months and saying that they werent going to come back to live but now live in PR again and now that (now 20yo) lives in their boyfriends mothers house. and gets no support and no financial support from their parent. now has been almost 7... View More

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

Hello and thank you for using Justia. The daughter is a minor until age 21 thus she has a right to request Child Support from her parents. Since she is a student she may qualifying for económical support until the age of 25 or date of graduatión, which ever occurs first.

The Child Support...
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2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: My uncle has passed away in PR. A female has been staying there rent free. The heirs want her to vacate. Please advise.

We dont want to create unnecessary duress for either parties.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 6, 2020

Hello and thank you for using Justia. The legal process to be followed is to first get your beloved Uncle's property registered under the Estate's name. Once the property is registered in the names of the Inheritors (Estate) then they will have to file an evictión procedure (Desahucio)... View More

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1 Answer | Asked in Constitutional Law for Puerto Rico on
Q: What are the latest most relevant constitutional law cases regarding the First Amendment' Establishment Clause?Fed+State
Tim Akpinar
Tim Akpinar
answered on Apr 5, 2020

You could visit the Supreme Court's blog (https://www.scotusblog.com/) and check to see if they have any First Amendment developments on this issue. If they don't have anything, you could run searches on your own, working back from 2020. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: Is there any way to break a short term rental agreement without penalty. Especially right now amidst the COVID crisis?

I'm in a short term lease that ends may 31. we gave the landlord 30 days notice but they are not accepting it. They say breaking the lease early results in an additional penalty of 2 months rent, plus I believe they will most likely keep our deposit. I want to be able to break the lease and... View More

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

Hello and thank you for using Justia. The best way to resolve this matter is to speak with your landlord and explain to him your reasons for wanting to move to your parent's house due to economic hardships because of the current quarentine under the Executive Order issued by the Governor.... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: Si una persona está encarcelada en P.R, su ex-pareja que reside en la FL puede enviarle “Child Support”de ese estd?

Mi hermano está en la cárcel y acaba de llegar una carta del “Child Support “ de la Florida a nombre de el. Quisiera saber a qué nos estamos enfrentando ya que esa no es su residencia. Adicional, ella le tiene una orden de protección a el y está pagando el la cárcel por eso y más está... View More

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

Saludos y gracias por usar Justia. La deuda de pensión sigue aumentando durante su estadía en la cárcel. Deben radicar una moción urgente al Tribunal informando que él está en la cárcel y qué no puede pagar pensión alimenticia estando preso.

De necesitar información adicional...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Hello, I recently purchased some land in Puerto Rico with my friend and her son. If I die, I would like my third of the

property to go to my friend. If we place the property in an LLC , with the operations agreement stating that surviving members get all shares, then can I avoid the forced heir situation? If not what vehicle does P.R. provide for this situation?

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

Hello and thank you for using Justia. The only way tomake aire your friend gets the property is by you creating a Testament leaving the property to your friend. You will need to have a Testament created by an Attorney in Puerto Rico and then have it sent to you for signatue. This is known as a... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: I pay Child Support in New York State for my two oldest children. I now live in Puerto Rico.

My son was emancipated at 18 because he enlisted in the army, I stopped paying his part and continued to pay for my daughter’s part without failing, my son is now 21 and NYS Child support is still charging me for his part. I’ve called for petitions and they keep telling me they don’t have... View More

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

Hello and thank you for using Justia. You need to figure out where was the original Child Support obligation order issued. This is whom has the jurisdiction over the Child Support case. According to the Uniform Interstate Family Support Act (UIFSA) (to facilitate collecting child support across... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: I’m a disabled vet and my daughter gets benefits from chapter 35 DEA. Can those payments replace child support?

She gets over $1,200 monthly. My child support orders me to pay $1,000...she’s 22 years old. Thank you in advance.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 24, 2020

Hello and thank you for using Justia. The Child Support laws in Puerto Rico are applicable upto the age of 21. There is an exemption to this rule when your Child is studying. If this is not the case, then you must petition the Court to eliminate Child Support. It is not eliminated automatically.... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: I'm a lawyer in TX. I have a TX couple who own a condo in PR. They want to transfer title to a TX LLC by Quit Claim

Does PR recognize Quit Claim Deeds? Can it be filed in PR?

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

Hello and thank you for using Justia. Puerto Rico does not recognize Quit Claim Deeds as an optión to transfer titleship of real estate. This is not an optión for your clients. Let me know what are your client's intentions for transfering Titleship and I will give you options.

If you...
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1 Answer | Asked in Child Custody for Puerto Rico on
Q: Where does one need to file for child custody in Puerto Rico?

My cousin and his ex girlfriend had their child about 3 months ago now. She has been extremely stubborn the whole pregnancy and thereafter and has not allowed him to see his child. I've seen text messages and she never responds when he asks to see his son. During this time, they were both... View More

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

Hello and thank you for using Justia. Yes he must file for Custody, visitation and/or any other right related to the Child where ever said child lives. If the Child lives un Florida then the request needs to be made in Florida. Your cousin needs to contact the Florida Bar Association for... View More

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