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My mother in law says that the form, Appointment of Temporary Guardian for Minor Children is not accepted in Puerto Rico. Is this correct?
answered on Jun 11, 2018
Good evening and thank you for using JUSTIA. No this is not correct. You can send said document to her and she will need to visit a Notary Public in Puert Rico to have said document certified as full faith and credit (protocolizado). Said Notary will issue a document and submit it to the Supreme... View More 
Ex-spouse wants to see ex-in-laws will but there's no will, now she wants to see the declaration of heirs, nor her nor the children are mentioned in it nor did they inherit anything, do I have to provide it? Me and my siblings don't want to as it is none of her business, we divorced in... View More
answered on Jun 11, 2018
Good evening and thank you for using JUSTIA. Your parents estate would not have any thing for them since they are not the inheritors. They have no legal right to receive a copy. Now what you can do is file a motion in the NJ court requesting visitation rights and explain to the court what your ex... View More
My sister is a widowed senior, owns a home in PR, wants to make arrangements for her siblings for the future according to the Puerto Rico laws & requirements/above documents, or Affidavits? Three living children, two live in NJ, one lives with her in the home in PR. Thank you. Any advice... View More
answered on May 10, 2018
Your sister would need to write a will so that she can designate her beneficiaries according to her wishes while making sure to follow the local laws of PR. An inheritance or probate attorney can help her with that.
My brother lives & owns the first floor of my deceased parents' home, but rents the 2nd floor, which was occupied by my parents before they died "intestate"; all the surviving siblings live in both PR and NJ. What steps are required to obtain legal ownership of the rental?... View More
answered on May 10, 2018
If the property was located it PR, a Declaration of Heirs has to be filed at the court system so that the "forced heirs" (i.e., the children of the deceased) can be officially declared as the heirs. Also, an Estate Tax Form ("Planilla de Caudal Relicto") has to be filed at the... View More
The son is living in very bad conditions due to the recent hurricane, can he file emergency custody?
answered on May 8, 2018
Dear reader:
To file a custody or visitations case, you will have to file in the court of the area where the child lives.
What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico . I asked since I just move to the US with out father's awareness
answered on May 8, 2018
Dear reader:
In Puerto Rico a child born outside a marriage has the same rights as one born during marriage.
The legal custody is established by the court.
If I made notarized affidavit with children's father with him stating that he allows me to take the children to reside occompanied by me to the US with the condition that he is able to take them back to Puerto Rico for vacation for no more than one month at a time. He would also have to make... View More
answered on May 8, 2018
Dear Reader:
Yes, is can be considered in a custody case as a previus agreement. But if for some reason things change, the court can establish new conditions and reevaluate the custody case or visitations plan.
I filed for custody here and the mother filed a month later in PR. My children have been here 6 mos. I recieved notice that I am going to be held in contempt for not responding to her filing there. What are my options?
answered on May 8, 2018
Dear Reader:
If you were summon, the right thing to do is to answer. You can notify to the court that there is a case in FL and that the kids are living there for 6 months or more.
answered on May 8, 2018
Dear Reader:
Yes, under the laws of Puerto Rico you can give the custody of a child to one parent or to both.
answered on Apr 16, 2018
Not necessarily. Depends on several factors, including equity in each and which chapter of the code you file under. In a Chapter 13 wage earner repayment plan, highly unlikely. Chapter 7 will depend, but maybe not in a 7 either.
The sister has mental and addiction issues and the brother (my common law husband) is indigent. Can we start the process ourselves wo a probate lawyer ... we have no money to hire one
answered on Apr 14, 2018
Yes you can. However, given the complexity of inheritance laws, particularly if you don´t live here or you don´t speak Spanish, it is highly recommended that you hire a lawyer, one that perhaps won´t charge you up front. In the long run, you will realize that for the amount of work, details and... View More
answered on Apr 9, 2018
Maybe, it would depend on what the reason this is being done for. I suggest you setup a consultation with a lawyer.
Hello, I was falsely arrested for domestic violence and the case has been dismissed as I never did anything. The arrest and the case don't show up on my record, and I am wondering if I should:
1) mention the arrest even though it doesn't show up?
2) will it hurt my... View More
answered on Apr 3, 2018
Yes, you must be truthful... you are required to disclose all arrests. You must also provide arrest records and case disposition documentation. Gather these documents and consult with an immigration lawyer, in order to get an informed legal opinion on the chances of your case. Good luck!... View More
I have a property in Puerto Rico that received damages due to hurricane Maria. I have insurance through my mortgage company/Bank. I made my claim 5 months . I have called and wrote to the insurance company. They have not yet sent an adjuster to see my damages. Can I sue the insurance company and... View More
answered on Apr 2, 2018
Be mindful that insurance companies don't take unrepresented parties seriously.
The car rental lawyer mail me to my house in Los Angeles requesting me to pay the rest of the damage because the at-fault driver insurance couldn’t cover everything. Why would I have to pay something that it was not my fault. And if I don’t pay then would I get In trouble ?
answered on Mar 21, 2018
Typically, the renter is responsible for all damage to the vehicle during the term of the rental, even if they are not at fault. Your own insurance policy may apply to pay for the damage. Also, the credit card you used to pay for the rental may have supplemental insurance for damage to the car.... View More
I live in NC and my daughter resides in PR.
answered on Mar 15, 2018
Dear Reader:
As a normal rule, the alimony or support obligations ends at the age of 21 (legal age). But your dauther can request support after 21 years if she is studying and/or has any limitation to work or live independently.
answered on Feb 16, 2018
It would if you jointly apply for credit together. Guilt by association. Best to only get credit in your name to avoid this problem. Another problem could be if she had joint debt with you when she alone filed bankruptcy. If she does file bankruptcy, check your credit a few months after her case is... View More
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answered on Jan 30, 2018
Contact a Puerto Rican attorney in Puerto Rico.
This merchant will not return my down payment. My wedding was supposed to be in Puerto Rico but because of the massive hurricane hitting my wedding was cancelled by the resort . The merchant took my down payment on 9/12/17 and the hurricane hit on 9/18/17 the hotel I was supposed to have my wedding... View More
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answered on Jan 23, 2018
You will have to have the merchant personally served in Puerto Rico. Everything else would be the same. Depending on the amount of money involved, you may want to retain counsel, but collecting on a Judgment may be very hard.
We live in Puerto Rico and my son doesn't have a job right now. Am I responsible to pay his child support while he finds a job?
answered on Jan 22, 2018
Thank you for your question. No, you would not be responsible for pay your son’s child support obligation. I strongly suggest that your son contact a family law attorney that would be able to give him advice and devise a plan in order to request a reduction of child support.
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