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Puerto Rico Questions & Answers
1 Answer | Asked in Personal Injury for Puerto Rico on
Q: I fell in Puerto Rico broke my toe. I live in the state of New York Joe do I four a lawsuit for my injuries and pain

Live in Brooklyn new york

Alberto J. Castaner
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Alberto J. Castaner
answered on Sep 9, 2024

Thanks for your question. The answer is: it depends. If you fell and broke your toe because of someone else's negligent acts or omissions (e.g. a restaurant who left a wet floor unattended without "Caution" signs or a store who had a step that does not meet construction codes)... View More

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Can arrears be erased

Can child support arrears be erased

James L. Arrasmith
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answered on Sep 2, 2024

In Puerto Rico, child support arrears typically cannot be erased. Once a child support order is established by the court, any unpaid amounts accumulate as arrears and remain enforceable until paid. Courts generally view child support obligations as crucial for the welfare of the child, and they are... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: If a father dies in Puerto Rico on 2014 leaving no testament, the living wife and child inherit in equal parts?

Does the living wife inherits 50% of all and the living daughter inherits the other 50% or is a different distribution? (Bank accounts balance)

James L. Arrasmith
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answered on Sep 2, 2024

In Puerto Rico, when a person dies without a testament (intestate), the inheritance is distributed according to the Puerto Rican Civil Code. If a father dies without a will, leaving behind a wife and a child, both are considered heirs. However, the division is not always an equal 50-50 split.... View More

1 Answer | Asked in Family Law, Elder Law, Land Use & Zoning and Probate for Puerto Rico on
Q: How do I file a lien against the sale of my deceased mother's home before it is sold by my siblings.

1. The house is in Jardines de Country Club in Carolina, Puerto Rico, 4 bedrooms, 3 baths, needs work and may be estimated to be worth an estimated +/- $150,000.

2. My siblings have cut me out of communications regarding my mother so this is why I believe placing a lien on the house would... View More

James L. Arrasmith
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answered on Sep 2, 2024

To file a lien against the sale of your deceased mother’s home in Puerto Rico, you would need to establish your legal right to a share of the property or the estate. Since you believe your siblings are excluding you from communications and possibly from any proceeds, you should start by... View More

1 Answer | Asked in Family Law, Elder Law, Land Use & Zoning and Probate for Puerto Rico on
Q: How soon after a parent's burial, does it take to disburse with their assets if there is a will.

I am unsure if my mother left a will (chances are she did), but how soon after her burial does it take to disburse with the house that was originally purchased by both parents around 1970, but then the father passes away? In this scenario, I understand that the house's worth is split 1/2 to... View More

James L. Arrasmith
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answered on Sep 2, 2024

In Puerto Rico, the process of disbursing a deceased person's assets, including real estate, depends on several factors, including whether a will exists and the specifics of the inheritance laws. If your mother left a will, the process to distribute her assets can only begin after the will is... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can you transfer possession rights of a home on untitled property upon your death?

We were in middle of a contractual purchase agreement when seller died. Sellers family was not aware of the agreement, and believe they have the right to inherent the property and home. Do the descendants have any legal right to the untitled property? Do they have right of possession of the home... View More

James L. Arrasmith
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answered on Sep 2, 2024

When dealing with untitled property in Puerto Rico, transferring possession rights can become complicated, especially when the original owner dies. If there was a valid purchase agreement in place before the seller passed away, this agreement may still be enforceable, but it would depend on the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Puerto Rico on
Q: How to press charges against someone in Puerto Rico

Girlfriend stole home safe with $34,000 in it. Police investigated, she did not show up for scheduled deposition and I was told to press charges. She then filed an order of protection against me in retaliation based on fabricated facts and got me evicted from my apt when she has her own place, by... View More

James L. Arrasmith
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answered on Sep 2, 2024

To press charges against someone in Puerto Rico, you need to go to your local police station or the nearest district attorney's office. Bring all relevant evidence, such as documentation showing ownership of the stolen items, any communication related to the theft, and the police report from... View More

1 Answer | Asked in Construction Law and Small Claims for Puerto Rico on
Q: He took quote refused to pay. P mgr We accepted because wanted work done Conspired to defraud 2340
James L. Arrasmith
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answered on Sep 2, 2024

It sounds like you are dealing with a situation where someone refused to pay after a service was completed. In situations like this, the key is to gather all the necessary documentation and evidence. Make sure you have written agreements, communications, and proof of the work completed. This... View More

1 Answer | Asked in Car Accidents for Puerto Rico on
Q: I know in the United States you can cancel your car insurance even with an active claim. Is Puerto Rico the same?

I am moving back to Virginia and shipping my car back there. I just had a minor car accident yesterday but I have new insurance starting on the day I ship that covers the states. Am I okay to cancel my Puerto Rican policy and still work with them on the claim?

James L. Arrasmith
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answered on Sep 2, 2024

In Puerto Rico, you generally have the right to cancel your car insurance policy even if there is an active claim. However, it’s important to check the terms of your specific insurance policy, as conditions may vary between insurers. When you cancel the policy, it doesn't automatically... View More

1 Answer | Asked in Banking, Family Law and Probate for Puerto Rico on
Q: My husband and I reside in Puerto Rico. Are our joint bank accounts frozen upon one spouses death?
James L. Arrasmith
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answered on Sep 2, 2024

When a spouse passes away in Puerto Rico, the status of joint bank accounts can depend on how the account is set up and local inheritance laws. If the account is set up with "right of survivorship," the surviving spouse typically retains access to the funds without interruption. In this... View More

1 Answer | Asked in Divorce, Real Estate Law, Criminal Law and Family Law for Puerto Rico on
Q: Question about divorce, abuse and real estate involved

A situation with a divorce and 3 adult children

2 children live in the house old with the mother and the father who lives in another of his properties mentally abuses them all the time making their life miserable also with a strong drug habit that leads in to always ask for money and food... View More

James L. Arrasmith
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answered on Sep 2, 2024

It sounds like you are dealing with a very challenging and distressing situation involving abuse, real estate issues, and ongoing threats from a former partner. It's understandable that you and your family feel scared and uncertain about what steps to take next. Even though the abuse... View More

1 Answer | Asked in Civil Rights for Puerto Rico on
Q: Can the police keep my car without reason?

My car was evidence to a fatal car accident. The car infront of me accidentally killed someone that was standing in the middle of the road. A bit of blood of on my car and it was taken for evidence.

Its been almost a month but yesterday the officer told me i could pick the car up today.... View More

James L. Arrasmith
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answered on Aug 31, 2024

The police can hold onto your car if it's needed as evidence in an ongoing investigation, but they must have a valid reason for doing so. Once the investigation is complete or the evidence is no longer needed, they should release your vehicle to you. It’s frustrating to deal with delays,... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Appeals / Appellate Law and Constitutional Law for Puerto Rico on
Q: My grandparents house got took by Puerto Rico's government while trying to sign it over is this possible?

My mother has the paperwork from my grandfather to get over to her name. What could we do?

James L. Arrasmith
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answered on Aug 31, 2024

If your grandparents' house was taken by the Puerto Rican government while you were in the process of transferring ownership, it may have been due to a legal action like eminent domain or foreclosure. You should first confirm the exact reason why the property was taken, as this will determine... View More

2 Answers | Asked in Uncategorized for Puerto Rico on
Q: I am thinking of filing a case against a ghostwriter for charging me an amount that I never agreed on last yr
Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

Attorneys in Puerto Rico could advise best, but your question remains open for two weeks. Until you are able to reach out to local attorneys to discuss your interest in filing a case, you could gather your relevant documents for your dispute. Attorneys will want to see your agreement with the... View More

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1 Answer | Asked in Tax Law for Puerto Rico on
Q: When selling property (land and house) in PR, does the sale go through if there are owed taxes?

My father (89) was always diligent paying property taxes in PR. He sold his property in the early 2000’s and at the time of sale there were no outstanding property tax debts. The sale went through all official channels (bank, realtors, lawyers, etc).

The person that bought the house more... View More

James L. Arrasmith
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answered on Aug 10, 2024

When selling property in Puerto Rico, any outstanding property taxes should be settled before the sale can proceed. Typically, the sale would not have gone through if there were unpaid taxes at that time. Since your father sold the property through official channels, it is likely that all taxes... View More

1 Answer | Asked in Civil Rights, Native American Law and Probate for Puerto Rico on
Q: I need help to assistance with an ancillary probate in NY related north american company.
James L. Arrasmith
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answered on Jul 28, 2024

Handling an ancillary probate in New York can be a complex process, but breaking it down step by step can make it more manageable. First, you'll need to determine if ancillary probate is required. This typically happens when a deceased person owned property in another state, like New York, but... View More

1 Answer | Asked in Tax Law for Puerto Rico on
Q: Tax residency question

...

James L. Arrasmith
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answered on Jul 18, 2024

To determine your tax residency status for 2024, you need to consider the substantial presence test used by the IRS. Since you arrived in the U.S. on March 15, 2024, and have spent 176 days in the country so far, your stay in Puerto Rico will also count towards your total days in the U.S. for tax... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: Dad passed 2 years ago,his wife passed6 years ago,willed everything to myself and my sister,left my stepsister out

Is she entitled to claim,in puertorico

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 18, 2024

You do not specify to whom was your stepsister related. Neither do you specify when/where both spouses died. Under rule of law, your stepsister would not inherit from her step-parent. Nevertheless, she would inherit from her actual parent. If she was left out of both wills, her parent incurred in... View More

1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Do the parents have to legally help financially with my grandchildren if I have custody?

I have a 12 year old grandson for the past 7 years and a three year old since a month of birth,father is the only one contributing financially,moms both work and don't help with anything

Jose M. Rivera Santos
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answered on Feb 17, 2024

Greetings:

Parents can financially support their children and provide for them and their wellbeing.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Father past. Mother alive. There's five siblings. Property in an incorporation. After Mother passes who keeps property?

My parents have a property in Puerto Rico. There's five siblings. Father past away Mother is still alive, who's it belong to? The property is also in an incorporation. One sibling is president in the corporation, my Mother is vise-president and I'm secretary. Should this sibling pass... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 8, 2024

The property will still belong to the corporation. As a rule, when a stockholder dies, his/her shares pass on to his/her heirs, unless an existing stockholders' agreement signed by them state otherwise.

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