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Puerto Rico Questions & Answers
1 Answer | Asked in Family Law for Puerto Rico on
Q: My father died 5 years ago. my mother was married to my dad until his death and is 91 yrs old now.

To my knowledge & that of my four siblings, there was no will. What can we do to either have a will prepared for my mother or get rules of law of inheritance in Puerto Rico. What is the Declaration of Heirs?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 17, 2019

Hello and thank you for using JUSTIA. To answer your first question your Mother can create a Will in New York and have it perfected to Puerto Rico law. An Attorney in Puerto Rico would create a draft of a testament for her signature with a Notary Public in New York and then have the document,... View More

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Why am I not allowed to explain why I can't pay child support to the judge if I don't have a lawyer present?

I live in Florida a received a summons for non payment of child support. I flew to Puerto Rico to attend court and they would not allow me to speak because I did not have a lawyer. I was immediately arrested, thrown in jail, and told I would stay there until all the child support had been paid.... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 13, 2019

Hello and thank you for using JUSTIA. Judges in Puerto Rico do not allow a party to speak in court hearing since you have a constitutional right to not incriminate yourself. Anything you say will be used against you. The law states that failing to comply with a child support court order is contempt... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: Is there anything I can do if the mother is asking for a raise for child support?

She has two other kids from different fathers that are not even enrolled in ASUME and do not give her any money.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 13, 2019

Hello and thank you for using JUSTIA. The only thing you can do and should do is hire an Attorney to defend your rights. The child support process is a very technical forum to handle on your own and can leave you in the dark. An Attorney will assure that a fair child support is set so that you can... View More

3 Answers | Asked in Divorce and Tax Law for Puerto Rico on
Q: Hello! Will the money received by ex spouse as divorce settlement be taxed?
Andrew M Steiger
Andrew M Steiger
answered on Jun 11, 2019

In general, the 2017 TCJA changes the tax laws related to divorce in some key respects. The tax aspects of a property settlement did not change where property changes hands at the time the divorce is finalized. But be careful of receiving property with a built in tax gain where the value exceeds... View More

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1 Answer | Asked in Family Law for Puerto Rico on
Q: Can a mother go on a 1 month vacation with her child without the "non custodial parent's" consent?

My cousin wants to visit me for a month with her son who is going on a year old this summer. The child resides with his mother(my cousin) as well as my aunt and uncle. The father does not reside with them nor has he been granted partial custody since he never applied for such. He threatened her... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 9, 2019

Hello and thank you for using JUSTIA. The father in this case most likely has shared "Patria Potestad" thus yes he must be notified of said travel plans such as travel dates, destination, place of stay and contact information (telephone number) . If he is not willing to allow the travel... View More

1 Answer | Asked in Foreclosure for Puerto Rico on
Q: How can I obtain a copy of a foreclosure letter of a home that was foreclosed Ive tried contacting the bank lender

bank hasnt been able to help. I need this letter asap. The home is located in Puerto rico

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 9, 2019

Hello and thank you for using JUSTIA. A foreclouser letter is sent by the financial institution. The foreclosure process is done by a financial institution against the borrower in the Superior Court of the location of the Property. As part of the claim, the foreclosure letter needs to be included... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: I have a house in Puerto Rico ther for sale and have buyer interest to purchase it. Do I have to go for any closing?

Or can everything been done over the internet. Such as providing documents that the house is mine. Signing the house over to the buyer? If so how do I get my money. Does the bank wire me the money?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 9, 2019

Hello and thank you for using JUSTIA. Under local Puerto Rico law, all real estate transactions must be done by public document and presented in the Registry of Property, thus it must be done by a Notary Public. Both parties must be present personally at the closing for the singing of the... View More

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2 Answers | Asked in Estate Planning for Puerto Rico on
Q: Can I, please be directed where in Puerto Rico I may get an answer whether a case for inheritance has been filed?

Our mother died, followed by stepfather, youngest 1/2 sibling has hinted he has attorney for inheritance who has filed and brother claims it is all his and other 1/2 siblings (step-father's children). He has not been forthcoming with any other info., nor has his attorney. I would like to... View More

Ramon  Olivencia
Ramon Olivencia
answered on Jun 7, 2019

Normally, the case could be searched under the heir filing the case.

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1 Answer | Asked in Family Law for Puerto Rico on
Q: My brother and i are forced heirs of my late grandfather's properties along with 2 uncles.

My brother's vehicle is under my late grandfather's name, both of my uncles have no interest in the vehicle and neither do i, my brother wants to do a title transfer to someone that is willing to take the remaining loan. A document on my part is needed in order for the process to begin.... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 30, 2019

Hello and thank you for using JUSTIA. The document you need has to be prepared by a Notary Public in Puerto Rico. It is simply a document whereby you recognize that the title is in your Grandfather's name but he vehicle realy belongs to your brother and as such does not form part of the estate.

1 Answer | Asked in Child Support for Puerto Rico on
Q: As of today 2019, what is the age for child support to be terminated if case was filed in Puerto Rico?

Child had live in Ohio for the past 11 years and attends college, does it affects the process? Minor is 20 years old, with how much time of anticipation can the support termination request be submitted?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 30, 2019

Hello and thank you for using JUSTIA. The age is twenty-one. To file you must wait until the child turns twenty-one and then file on said date. However, you may want to contact an Attorney with this case since the child is not a minor in Ohio and is a legal resident of that state. This may have a... View More

1 Answer | Asked in Health Care Law, Family Law and Elder Law for Puerto Rico on
Q: Over 20 years done 100% of the care for 94 year old mother.there are 4 other brother, never done their share help

Am with my mother over 120 hours a week.I prepare meals for my mom,clean house, do the yard work.Buy groceries and household supplies out of my own funds.Am a Marine Vietnam combat veteran withPTSD.The situation is very difficult because I’m wasting away so my mother can live and my siblings have... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 27, 2019

Hello and thank you for using JUSTIA. You have the right in Puerto Rico to file a complaint in court to force the sibblings to do thier share of the choirs. All children must do their share for care of thier elderly parent. This is the law.

1 Answer | Asked in Divorce for Puerto Rico on
Q: I want a divorce, if my wife does not want to sign the papers can she refuse the divorce?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 23, 2019

Hello and thank you for using JUSTIA. Your wife can refuse a mutual consent divorce but there are other causes for divorce such as irreconcilable differences. This cause is a way to get a divorce when one party does not want a mutual consent divorce. There is no denying this type of divorce. It is... View More

1 Answer | Asked in Child Support and Social Security for Puerto Rico on
Q: Injustice. I live in Puerto Rico and my daughter also and my SS won't pay for her until she is 21.

Why does the SS administration not pay until she is 21 if the Puerto Rico law states that anyone under 21 is still considered a minor and that child support has to be paid until the age of 21 years old? I'm confused and feel it is not fair. Thanx.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 22, 2019

Hello and thank you for using JUSTIA. The Social Security program is a federal program and uses the age of 18 as the age of majority. In 48 States the age of majority is reached at age 18. This age of 18 is considered the age of majority due to the fact that this is the age that one can vote.... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Are all living children responsible for inherited property taxes even if some have given up their claim?

There are 5 living children who inherited land from deceased parents. 4 of the kids are giving up their share. Are all the kids still responsible for the payment of property taxes whether or not the property is sold, or if the government takes control of the property and demolishes the house on... View More

Ramon  Olivencia
Ramon Olivencia
answered on May 16, 2019

If they haven´t actually received the inheritance yet, they should resign it by subscribing a deed through an attorney.

1 Answer | Asked in Child Support for Puerto Rico on
Q: I live in Nevada and my kids with there mom in PR. How does Asume calculate payments?

Do they take into consideration my monthly cost of living? It’s way more expensive here then in PR. How would this get calculated? Thanks in advance.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 16, 2019

Hello and thank you for using JUSTIA. Yes your living expenses are taken into consideration although the only credits you will receive are for additional dependant children, taxes and any other benefits for the children in this case.

Child support is calculated by combining the income of...
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1 Answer | Asked in Child Support and Social Security for Puerto Rico on
Q: Will my Social Security benefits help me pay child support while my daughter attends college in Puerto Rico.

I will be retiring soon at the age of 62 and my daughter is 17 and will be attending college soon. I will only be getting $700 a month and I pay $150 a month for child support.

Do I have to pay child support thru ASUME while she is in college?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 16, 2019

Hello and thank you for using JUSTIA. Social security benefits for a dependant are only available up to the age of 18. After said age your daughter will not receive any benefit from your Social Security. You may want to check out the student grants and/or loans that are available for the student.

1 Answer | Asked in Child Support for Puerto Rico on
Q: My ex denied child support in front of a judge years ago and now wants to get child support what can happen?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 10, 2019

Hello and thank you for using JUSTIA. The Judge will give her child support retroactive from the day that she files the request. If she files today then the child support will be retroactive as of today. The law also allows her to use an Attorney at your cost. The best scenario is for you to talk... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: How does the Child support get calculated in this scenario.

My Ex lives in NY I'm in PR, I voluntary pass her $ for child support (we are not in ASUME) She got marry (no Prenup) i'm marry with prenup (Does his salary count on her behalf?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 3, 2019

Hello and thank you for using JUSTIA. In Puerto Rico as of February of 2019 the laws of prenup changed and thus it is not a bullet proof protection anymore thus this may or may not protect your spouse from having to jointly pay for your child support. It all depends on the child's needs. As... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My mother passed away and left the house to me and my siblings (I know it doesn't mean anything she actually gave

It to me on her death bed) all my siblings have homes besides me now no one wants to sell or make repairs to make it livable (but me!) I would make the repairs and get it up to spec but I don't want later que se me adueñ and want to sell or control Is there anything I can do to get the... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 29, 2019

Hello and thank you for using JUSTIA. You can attempt that your sibblings donate said inheritance to you thus opting out of the inheritance. You can also attempt to buy thier shares at a discount actual value prior to repairs. If you make the repairs you will retain a credit for said repairs but... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My dad passed away. But my mom is alive. She would like to transfer deed to her daughter. How does she go about doing it

This would be in Cayey pr

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 18, 2019

Hello and thank you for using JUSTIA. Your Mom has to do a donations contract in Puerto Rico inorder to Donate her half of the Property to her daughter. The other half belongs to your father's estate (inheritors). You need to hire an Attorney in Puerto Rico to do the lnheritance and the... View More

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