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Puerto Rico Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My mom is in the process of closing my deceased father's bank account in Puerto Rico. I have two sisters that

live there with my mom. I live in the US. The bank told her they need all four of us to sign for the funds to be paid out to my mom. Since i'm not there, what kind of document do i need to authorize any of my sisters to sign on my behalf? Would a power of attorney suffice?

Naomi Jusino
Naomi Jusino
answered on Oct 18, 2018

Dear Reader:

You can sign a power of attorney, but to be valid in Puerto Rico, you will need to send the document in original with a certification of the County Clerk. Once they have the document in Puerto Rico, the will need to attend to a Notary Public so that they can validate it and can...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: How may I get information on a paternity court case in Ponce Puerto Rico that happened between 1984-1986.

María Vázquez vs. Ángel Baez

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Oct 17, 2018

Good evening and thank you for using JUSTIA. You can use the following web link : http://www.ramajudicial.pr/consultas/casos.html

This will give you the court case number. Once you have the case number you will need to request the court file which will be in the archives of the court...
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1 Answer | Asked in Child Custody for Puerto Rico on
Q: If a custody order has been determined by another state

Once another state has granted custody after Puerto Rico conceded jurisdiction can it be overturned in a Puerto Rico Court?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Oct 15, 2018

Good morning and thank you for using JUSTIA. A Puert Rico court cannot overturn a ruling made by a court from the other states . outside ofChild custody ruled by an out of jurisdiction court can not be overturned by a Puerto Rico court. The term "overturn" means to review the courts... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: Does Puerto Rico take into consideration children from a current marriage when calculating child support

Currently remarried wanting to adjust child support in Puerto Rico from previous marriage because now have another child to support

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 25, 2018

Good afternoon and thank you for using JUSTIA. Yes Puerto Rico does include all your biological or legally adopted children. Before you request any evaluation from the court please verify the manual used by the courts to assign child support payments. On page 16 of the "Reglamento Núm. 8529... View More

1 Answer | Asked in Criminal Law for Puerto Rico on
Q: I am trying to find out what a charge of AGGRAVATED ILLEGAL APPROPRIATION from 2007 in Puerto Rico means
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 20, 2018

Good afternoon. This simply means illegal appropiation of goods. The alledged crime commited was theft without any violence to the victim. If the amount stolen was under one thousand dollars then it is a misdermenor (article 192 of the penal code) punishable by up to three months in jail,... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Change the name of the mother deceased to the only surviving daughter?

She is the only daughter alive, never married or has children. Does she need permission from her nephew or nieces to change the name on the deed. Her mother never made a will

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 18, 2018

Good evening and thank you for using JUSTIA. The surviving daughter has to create her beloved mother's estate and file aprobate court proceedure. The court will then issue a decree naming all of the mother's children (dead or alive) members of the estate. The nephews and nieces will then... View More

2 Answers | Asked in Divorce for Puerto Rico on
Q: How do i get a copy of divorce certificate when the full name of one spouse is unknown & date of divorce in unknown?

In order to get a Death of a US citizen Abroad certificate from a US Consulate in Mexico, I need to establish my father was divorced. The consulate is asking for a divorce certificate.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 15, 2018

Good morning and thank you for using JUSTIA. There are two ways for you to achieve your quest. The first way is to request the divorce decree from the court and the second way is to request the certificate from the Registry of demografic records (Registro Demografico). Your best bet is to do an... View More

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1 Answer | Asked in Probate for Puerto Rico on
Q: Can my brother change the deed of my mom to his name and not notify us of his doing? Do we loose everything?

Mom dead, need to change deed of land to her children names, can a brother change the deed for himself. We all live on US not Puerto Rico

Ramon  Olivencia
Ramon Olivencia
answered on Sep 10, 2018

No, he can’t.

1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: I lost all of my property because of Hurricane Maria. How do I file for bankruptcy in light of natural disasters?
Timothy Denison
Timothy Denison
answered on Sep 7, 2018

You file just like any other case and list the loss under casualty.

1 Answer | Asked in Child Support for Puerto Rico on
Q: Hi. Im a disabled vet and my son gets benefits from chapter 35 DEA. Can those payments cover child support?

He gets 1,200 a month on that but the court is unsure wether they will apply it as child support

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 7, 2018

Good morning and thank you for using JUSTIA. The answer is yes it will be considered as child support since it is monies paid to him from your behalf. The payment that your son gets every month is a benefit due to your military service thus it is a benefit from your labor. Said payment is given to... View More

2 Answers | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: For a will, Must the parent include all the children in the will
Naomi Jusino
Naomi Jusino
answered on Sep 6, 2018

Dear Reader,

The answer in first hand is yes.

A reason to exclude children is that the Testator disinherit a child in the will. If not, the Will can be contested.

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1 Answer | Asked in Probate for Puerto Rico on
Q: What is the procedure when widowed dad passes away and owned a home in P.R. He also had POA's for me & my two siblings

My dad had Power of Attorneys for me and my two siblings when my mom passed away. I contacted his attorney But i feel that he is only working with my sibling whose not relating no information to me. I am considering contracting my own attorney. Also my dad gifted a check in a large amount before... View More

Naomi Jusino
Naomi Jusino
answered on Sep 6, 2018

Dear Reader,

In Puerto Rico, once a person passes away, the heirs has to inform if the person had a Will. If not, they will need to start the process of Declaration of Heirs so they can take any decision with the estate left.

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Do all parties have to be present at a house closing in PR? Can someone stateside have documents mailed?

We live in New Mexico & are buying a house in PR. The agent says we must come back down for the closing. What about Docusign or FedExing the documents?

Ramon  Olivencia
Ramon Olivencia
answered on Sep 4, 2018

You could always have a Power of Attorney be prepared by a local attorney in PR, who will know what to include in such document. However, the POA will have to name a local representative to be present at the sale.

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: MY parents own a home in PR. MY mother passed away 2 years ago. My dad was thinking of selling but my brother thinks

dad needs our consent and approval. Can you clarify this for me. Thank you.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 28, 2018

Good afternoon and thank you for using JUSTIA. Your father is 50% owner thus he can sell the property since no member of the estate is obligated to continue in the estate

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Mom passed away a couple of weeks ago. I have POA.. Cant afford to pay $4000 to change the deed of land.

Are there any free lawyer or adviser that can help me get deed and sell land in PR i I’ve in Chicago and I am poor. I need assistance before my dad girlfriend takes it

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 27, 2018

Good afternoon akd thank you for using JUSTIA. There are no free lawyers for your case since said case will generate funds once it is sold. Why you state that it will cost $ 4000 to change and liquidate the property is beyond me. The costs and expenses of changing the name in the property registry... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Mom and dad are on the deed of a house my dad passed away and my mom wants to sell, what portion of the sale is hers?

The house is paid off and there are a total of nine children.

Ramon  Olivencia
Ramon Olivencia
answered on Aug 25, 2018

If they were married without a pre-nuptial agreement, then her stake would normally be 50% plus what is called in Puerto Rico the "cuota viudal usufructuaria" ("surviving spouse's usufructuary portion"), which is a percentage calculated by a special formula according to... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Do you have any right to widow inheritance or fee in Puerto Rico if you are not living with your spouse for 30 years?

My father died in PR. He and my mom were legal married but separated only by common law, ages ago. About 30 plus years. She lived in ny and he travrlled. She did not remarry or have any other kids however he did have one son by another woman he was with for a long time under common law. My mother... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 18, 2018

Good evening and thank you for using JUSTIA. In Puerto Rico a marriage can only be ended two ways thatis by death and by divorce. Thus your mom by virtue of civil law is the legal widow and does have inheritance rights of half of your fathers estate since all purchases and net gains during... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father passed away one week ago and has 1 to 3 properties in Puerto Rico.How can i find out what properties he owned?

my father had 6 children with my mother and 1 daughter with another woman.my father lived in Puerto Rico and so did his daughter from another woman the rest of us live in the states. he bought at least 1-2 houses in PR and we think the house she lives in is also in his name maybe both of there... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 16, 2018

Good afternoon and thank you for using JUSTIA. Once a person passes away all his assets are frozen. All his biological or adopted children are inheritors and thus have a stake in all his properties and assets known as the total estate. However the inheritos have to notify the death to all asset... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Moving child support and visitations to Texas from Puerto Rico.

Moved 1 yr ago with 12 yo child (7th grade). Starting 8th grade, but after 1 mo vacation in Puerto Rico, child wants to stay in the Island. I discovered the child is being emotionally and psychologically abused by father and stepmother, and exposing child to sexual behavior. PR order states... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 16, 2018

Good afternoon and thank you for using JUSTIA. You must file a motion in court with the evidence and request a hearing on the matter. At the hearing you will need to show that visits with the father in Puerto Rico are emotionaly and psychologicaly damaging to the child and why.

1 Answer | Asked in Family Law for Puerto Rico on
Q: In PR can someone add both surnames maternal & paternal on a birth certificate w/o doing a name correction. Born in NJ
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 10, 2018

Good evening and thank you for using JUSTIA. A birth certificate is issued at your place of birth so you can not get a birth certificate in another location where you were not born. Since you were born in New Jersey you would need to do all pertinent changes to said birth certificate in New... View More

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