How do you renounce inheritance in Puerto Rico and find out property tax status (have the taxes been paid)? Also, if we renounce inheritance, can we shift the property to a relative who lives there? We live in the United States.
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answered on Nov 19, 2023
To renounce an inheritance in Puerto Rico, you must formally declare your intention to do so within a specific timeframe, usually within nine months of the decedent's death. This declaration is made before a notary in Puerto Rico. It's a definitive decision, meaning once you renounce, you... View More 
A MRI clinic in San Juan, Puerto Rico say they don’t accept my insurance plan. In speaking with my provider they tell me they are under contract and are obligated to do so.
answered on Nov 18, 2023
An attorney practicing in Puerto Rico could advise best, but your question remains open for three weeks. Provide the billing department of the MRI center with the name and contact information for the insurance carrier representative you spoke with and ask them to contact the carrier (unless... View More
And the property would be split among all the siblings. The only surviving child is my father. Would like to know who is now the rightful owner of the house and property. The property is currently vacant and looking to sell it. This property is in Puerto Rico
answered on Nov 2, 2023
You need to verify the real estate property's status in the Puerto Rico Property Registry: were your grandparents' wills filed to transfer ownership to their children (your father, aunts, and uncles)? Assuming that the transfer was completed, an adjudication deed would've need to be... View More
Bajo las leyes de Puerto Rico, un joven de 18 años, graduado hace un año (2022) de esc superior, no continuó estudios universitarios, no trabaja, tiene derecho a recibir pensión alimentaria hasta los 21 años?
answered on Oct 27, 2023
En Puerto Rico, todo joven menor de 21 años se considera menor de edad; y, por lo tanto, acreedor a pensión alimentaria. Si la pensión es a través de ASUME o fue establecida por orden del tribunal, aún si llega a los 21 años, la suspensión de la pensión no es automática; y requiere que... View More
The house is located in Puerto Rico.
answered on Oct 24, 2023
Any real estate property located in Puerto Rico that does not constitute your primary residence is subject to property taxes. If the property currently belongs to your father and is his primary residence, he may have requested a tax exemption from the Municipal Income Collections Center... View More
To whom it may concern,
Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen... View More
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answered on Oct 23, 2023
Certainly, Mr. Pérez. In general, a tenant cannot make significant alterations to a property without the landlord's permission, especially if it affects the property's value or usability. If your mother's lease agreement specifies that alterations or improvements require her consent... View More
To whom it may concern,
Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen... View More
answered on Nov 1, 2023
I'm sorry for your mother's ordeal. You describe difficulty in finding an attorney to handle the matter, and an attorney in Puerto Rico should advise, as any arbitration or litigation would be governed by territory-specific guidelines. You could continue to search for attorneys, look into... View More
Trying to get passport and the only document that doesn’t reflect my name change and gender marker is my birth certificate which I been told I have to get fixed in PR by a lawyer but not sure where to go from there as I’m having a hard time finding a lawyer who does this kind of thing.
answered on Sep 28, 2023
An attorney in Puerto Rico should advise, but you await a response for two weeks. At this point, you could reach out to attorneys. You could supplement your own searches with the "Find a Lawyer" tab above, and with bar association attorney referral services. Those resources are outside... View More
My parents were told they have to make two living wills separately even though they are married. We are three children in total, one of which is my mothers child from a previous marriage. Both my parent's name are in the house documentation.
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answered on Sep 5, 2023
A "living will" is an advance directive that expresses one's wishes with respect to end of life medical decisions. My guess is what you meant to write was "last will and testament" or simply "will". It is very uncommon for a married couple to make a joint will... View More
Separated for years! Perhaps now she’s a forced inherited? She’s an alcoholic, mentally unstable and unable to understand. How can the other living sibling take her out of the forced inheritance to be able to sell the house?
answered on Aug 29, 2023
If the deceased sibling died after November 28, 2020, his spouse inherits along with any descendants he may have left. Now, if the deceased sibling died before November 28, 2020, his spouse would still inherit an annuity equal to a simple share of a third of his estate, equal to what any other heir... View More
answered on Aug 29, 2023
Assuming that your late father lived and died in Puerto Rico, and having a copy of your father's death certificate, a request can be made to the Office of Notary Inspections ("ODIN", by its Spanish acronym), with whom are filed all the wills subscribed in the Commonwealth of Puerto... View More
Not all can attend so we are using power of attorney. Why would the lawer ask for copies of our driver's licenses. when the notarized documents and the authentication at The Country Clerk's office is done in NY.
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answered on Aug 22, 2023
When selling a house in Puerto Rico and utilizing power of attorney, the lawyer's request for copies of the grantors' driver's licenses is likely for the purpose of verifying the identities of the individuals granting power of attorney. This practice helps ensure the legitimacy of... View More
Not all can attend so we are using power of attorney. Why would the lawer ask for copies of our driver's licenses. when the notarized documents and the authentication at The Country Clerk's office is done in NY.
answered on Aug 29, 2023
Although you're appearing for the sale through one or more power(s) of attorney, the notary is required to give faith that he/she has identified you, given that (a) he/she does not personally know you, and (b) he/she has no witnesses on hand to give faith of personal knowledge of you as... View More
The lawyerI used who was also a notary was disbarred in 2014.
answered on Jul 19, 2023
Getting a copy of your deed from a deceased attorney in Puerto Rico is complicated. First, you must contact the district or region on the island where the attorney used to practice, called the Notarial Archive ("Archivo Notarial"). Then, after several days of searching for the deed, they... View More
The lawyerI used who was also a notary was disbarred in 2014.
answered on Jul 19, 2023
If you can identify the Boqueron property in the Property Registry, you can identify the deed #, subscription date, and the notary before whom it was signed. If you already have this information, you may call the Office of Notary Inspections to determiner where the notary's deed protocol (his... View More
We have never gone thru ASUME, but my Ex continues to tell me that I am obligated to cover all of the cost that I would have to as if we did go thru ASUME. She lived in PR with my daughters, and I live in NJ. I pay my monthly amount and then some when I can. My oldest daughter is 17 turning 18 in... View More
answered on Jul 18, 2023
The court order trumps ASUME. The Administration for the Sustenance of Minors (ASUME) is the Puerto Rico government agency by which Puerto Rico enacts the Uniform Interstate Family Support Act of February 9, 1993. There may be a benefit to paying through ASUME, in that they can certify that... View More
We have spoke to all the neighbors in the area and found the owner to be deceased and the place has been empty for about 6 years or since Hurricane Maria. How can we take the property in good faith. What actions need to be taken.
answered on Jul 18, 2023
Under Puerto Rico Rule of Law, you would need to be in pacific possession of said real estate property, openly, and (in the mind of your neighbors) as if you were the owners of said property. This would need to continue for 20 years, the go before a court of law to request said adverse possession... View More
My father and mother were gifted (via Escritura), a piece of land with a house built on it by them in Isabela, PR by my Paternal Grandmother in 1983. The property was registered but as far as we know from bills from the CRIM and Property Registry they only show my father's name on the... View More
answered on Jul 18, 2023
After November 28, 2020, Puerto Rico rule of law determines that the heirs of an estate are the deceased's spouse and children. Before that date, the estate belongs to the deceased's children with an inheritance lien in favor of your widowed mother (called in Spanish, "la cuota... View More
She still lives in Puerto Rico, and I would like to build her a home on a different property that my brother owns and would like to use some of the monies for the build would I still pay a capital gains tax?
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answered on Jul 17, 2023
There are a variety ways to address the tax issues described above. If your mother passes, then there may be an exemption from taxes called the Unified Credit. If she wishes to transfer the properties to you during her lifetime without a taxable consequence, then she may need to file a gift tax... View More
She still lives in Puerto Rico, and I would like to build her a home on a different property that my brother owns and would like to use some of the monies for the build would I still pay a capital gains tax?
answered on Jul 15, 2023
Unless either real estate property is your primary residence, you'll be paying property taxes. Furthermore, if you reside outside Puerto Rico, the sale of either or both real estate properties will be subject to a 15% retention of the sales proceeds, which will be deposited with the Puerto... View More
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