Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Puerto Rico Questions & Answers
1 Answer | Asked in Real Estate Law and Elder Law for Puerto Rico on
Q: Is there an office in PR that can help a senior citizen do a declaratorio de herederos for free or a discount price.

The person lives in Aguada, is on a fixed income needs the help

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 10, 2018

Good evening and thank you for using JUSTIA. Yes there are various places that can help. You can contact the Sociedad De Servicios Legales in Aguadilla, the law university in Ponce, the office for the elderly in Aguadilla just to name a few. You can find them on the internet or by calling 411.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father passed away in PR, left house to his 4 children, 3 girls 1 boy.

The house was appraised worth about 100,000 my brother wanted to do some painting which we all agree on, i asked how much i can contribute he said he will let me know, the problem is he decided to not let us know anything and renovate the house entirely on his own when i found out prior to big... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 4, 2018

Good afternoon. Your brother must compensate his sisters in the fair market value prior to his renovations. You have to sue him in court in Puerto Rico inorder to force him to buy you out. The other option is to sell the property to a third party and split the proceeds in equal parts. Your brother... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father passed away in PR and the house was left under his 4 kids name, the problem is my brother is a Doctor and

decided to upgrade the house and keep it for himself leaving the 3 sisters out of the enherit because we don't have money to put toward renovation and he does and won't buy us off what can we do?? We all live in NY

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 1, 2018

Good afternoon and thank you for using JUSTIA. The sisters can sue him and obligate him to purchase the property from them. He can not legally do what he wants with the property with out authorization from all the inheritors. He will have a credit for repairs done to the property but if he is... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: if my dad creates a will in Puerto Rico and leaves his house to me is that the final say even though I have 2 other

Sisters? Or is there other steps that need to be taken so that the house is left to just me?

Ramon  Olivencia
Ramon Olivencia
answered on Jul 31, 2018

If that is the only property he has, it cannot be done unless he specifically disinherits your 2 sisters, making sure that it is due to the reasons stated by law. In Puerto Rico, the children are what is called "forced heirs", so their inheritance could only be voided as specified by law.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: My son is attending boarding school in PR. How can I give guardianship to my sister for his medical care, etc?

I'm in Louisiana and my son is in boarding school in PR. I'd like to authorize guardianship or POA to my sister who also lives in PR, in the event my son needs medical treatment, etc. What form should I ask Louisiana notary to prepare for my signature here, and for my sister to accept... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 21, 2018

Good morning and thank you for using JUSTIA. You can prepare a notarized general POA in favor of your sister that allows her to take and or make any decisions for the benefit of the child such as social, medical, educational, domestic or the like. You must mention the childs exact legal name as... View More

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: Can I leave the island with my two month old son? Father has only seen him twice, and not supporting him financially?

We are not married or have an open custody battle. I would like to move to the states for better opportunities as I can’t find work here. Can I leave the island without getting in any legal trouble?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 19, 2018

Good morning and thank you for using JUSTIA. Yes you can travel with your child with no legal problems. The legalities begin when the father has petitioned the court for his parental rigjts and you donot respond to the court. As long as you respond to all court proceedings there will be no legal... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How will wife’s name on deed affect sale of home and closing? Home purchased before married, only my name on mortgage.

I took out a home loan in my name. After purchase got married and added wife’s name to the deed. We are now divorced. How can I sell the house with her name on the deed? And, what if she refuses to sign at closing?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 14, 2018

Good afternoon and thank you for using JUSTIA. Since her name is on the deed she will need to either sign the sales deed or give you Power of Attorney to sign for her. If she refuses to sign or give you POA then you must go to court and get authorization to sell the property. This will obligate... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: My son dropped out of school this year, he turns 18 in 2 months. Will I still have to pay support in Puerto Rico?

He turns 18 in Nov. and has decided not to continue education. He will begin to work on his own in a few weeks. What is the law for continuing child support payments even when the minor, soon to be an adult, dropped from school? He resides in Puerto Rico.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 11, 2018

Good morning and thank you for using JUSTIA. Under local Puerto Rico Law a child is a minor until the age of 21. The law requires payment of child support until the age of 21 and until the court issues order to end payments even if he is no longer a student. Student status has nothing to do with... View More

2 Answers | Asked in Divorce for Puerto Rico on
Q: In Puerto Rico, a person can divorce on grounds of abandonment or separation. Whats the difference?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 7, 2018

Good evening and thank you for using JUSTIA. In order to have a marriage there are three marital vows that must exist as per law, these are mutual support, mutual care and living under the same roof as a married couple. Any breach of these vows creates the a stage for filing a divorce. There are... View More

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Puerto Rico on
Q: Is it safe to give a car under affidavit if I still owe on it?

I'm giving away my car loan but the person interested recently opened up a business and can't get the loan transferred. Is it safe to give him the car for a year (minimum requirement on his business loan until he can get approved for other loans) under affidavit? I am unable to pay the... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 3, 2018

Good morning and thank you for using JUSTIA. The two main downfalls are that you will remain the registered owner of said vehicle and the principle debtor to the loan. This means that you are the responsable party for any damage that the vehicle causes and in the party responsable for the monthly... View More

View More Answers

1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: My ex and I co-signed for his car and now he filed for bankruptcy. The auto lender is now expecting me to pay the entire

remainder but I don't even have access to the car! What are my options?

Timothy Denison
Timothy Denison
answered on Jun 18, 2018

The answer should be Contained in your divorce and separation agreement. You may be able to use the contempt power of the court. You’ll need to consult a bankruptcy attorney who can guide you through the technicalities involved.

3 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My stepdad used the house as collateral in his personal loan now that he passed away my sister and I are wondering how

Will that affect us when doing declaracion De herederos For my mom side for the house?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 14, 2018

Hello and thank you for using JUSTIA. The house responds in the event the loan goes into default. Even though it was a personal loan the property is collateral of sais loan thus it shall respond for any default. Attempt to verify if said loan had a life insurance policy attached to it so that the... View More

View More Answers

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: I'm from Puerto Rico and I pay child support for my 22yr that finish 4yr of college, do I still pay if he keeps studying

from Puerto rico

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 14, 2018

Good evening and thank you for using JUSTIA. If there is a court order and you son will continue to study then yes until he is 25 years old. If he will not continue to study then you will need to file a motion to the court asking for termination order. You must continue to pay until court... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: I have a house in Puerto Rico. My step father and mom paid off the house. The house was under my stepfather's wife name.

She passed away 2 months later after they purchased the house. Since my mom paid off the house the Judge ruled that we would get half and the women's kids get half. My brothers and I don't care about that. The problem is they never answer the phone and we have a buyer and they are 8 of... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

Good morning and thank you for using JUSTIA. My only question is why have you waited six years to ask this question. Of course you can and should petition the court for said signature. As you say "enough is enough". Best of luck.

1 Answer | Asked in Foreclosure and Real Estate Law for Puerto Rico on
Q: In P.R., can a bank foreclosing on a dead mother's home go after the children if they don't want any part of the home?

The bank is saying the five living sister's are responsible for the bank note even though no one lives there or wants the home.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. Yes the bank can file suit against all the inheritors. However the inheritors can contact the bank and inform them that the inheritors do not accept the inheritance thus they will not be responsible for the note. The bank will then inform you on how to... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My mother passed away last year and this year my step dad my sister and I are planning to go and do declaracion De hered

But my step dad had 2 personal loans will we be responsible for them as well?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

Good morning and thank you for using JUSTIA. That would all depend on whether or not your beloved mother signed on said loans. If she did sign then yes you and your sister respond .

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can a certified copy of a POA be used in lieu of the original to complete a real estate transaction in PR?

We only have one original left of the POA and can not part with it. We are trying to sell a property in Cabo Rojo, PR. We have provided a notarized/certified copy of the POA for the transaction, but the lawyer insists in getting the original. What alternatives do we have? We can't get a new... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. Only the original can be used for the purpose of getting the Supreme Court to certify said POA as a full faith and credit document(Protocolizado). I personally answered this question in another forum to which you subscribed. Please verify.

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Q: My grandmother wants to sign the deed for her property over to me in Puerto Rico. what complications may I face?

She has the deed and it is registered with the property registry in her county under her name. I am not sure if she owes any taxes etc. on the property but she has owned this land for over 30 years. The property needs maintenance as well. I am looking for some tips in the right directin on how... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. There are various questions you need to be answered before you accept such as is there a mortgage, is this her only property, are there any children (future inheritors), is it tax free, any liens, ect. The first thing you should do is have a title search... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father-in law passed & had a Joint bank account with his daughter. 1 other son, how is that divided? No will

The son in not on the bank account.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. Since he passed away with no will ( intestado) an estate must be created. This is done by filing a petition in court to name all inheritors. Once the court issues resolution, you mst file an inheritance tax return with the local tax office (Hacienda).... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: Would ASUME be paid by grandparents when the absent parent lives at home with their parents?

I am a resident of PR and the absent parent is a disabled veteran living with both parents in the state of NC. The absent parent receives VA benefits and is working.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

Good evening and thank you for using Justia. Your children should be receiving benefits from the VA since the father is getting benefits. Grandparents are a secondary payee but only if the principle parent in unable to pay. You should contact the VA for payment of child support.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.