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Puerto Rico Questions & Answers
1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandparents passed away over 20 ago and in their will they stated that the home would belong to one of my uncles

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Uncategorized for Puerto Rico on
Q: My father’s been dead for 12 years and he has money in the bank would it still be there¿
Tim Akpinar
Tim Akpinar
answered on Oct 30, 2023

Your question probably went unnoticed under the general Uncategorized heading. Not all questions are picked up, but you could try reposting under Banking, Probate, and Estate Planning. Attorneys who practice in those areas may have the best insight on this. Good luck

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Pension alimentaria a joven de 18 que no estudia.

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?

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Tax Law and Real Estate Law for Puerto Rico on
Q: My dad wants to donated his house to me and my 2 sibling are in agreement. Do I have to pay any kind of taxes?

The house is located in Puerto Rico.

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Family Law and Gov & Administrative Law for Puerto Rico on
Q: Currently trying to figure out how to update my name and gender marker on my PR Birth Certificate. Any advice?

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.

Tim Akpinar
Tim Akpinar
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

2 Answers | Asked in Estate Planning for Puerto Rico on
Q: My parents are married, own a home in Puerto Rico and were told they had to make two individual wills. Is this correct?

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.

Nina Whitehurst
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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

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: 2 siblings inherit a home in PR. One of the siblings past away. Said sibling who past away was married although had been

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?

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father passed away last year (2022) in Puerto Rico. How do I find out if a Will was left and if I was named?
Rafael  Pagan-Colon
Rafael Pagan-Colon
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

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: I'm selling a house in Puerto Rico but I'm in NY. The house is inherited by my mother and 6 children of adult age.

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.

T. Augustus Claus
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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

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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Law in Puerto Rico. Where can I get a copy of my deed . I cannot locate my original? My property is in Boqueron, Puerto

The lawyerI used who was also a notary was disbarred in 2014.

Ramon  Olivencia
Ramon Olivencia
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

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1 Answer | Asked in Family Law for Puerto Rico on
Q: Do I need to follow ASUME rules or signed court agreement?

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Probate for Puerto Rico on
Q: Q: My wife and I have found an abandoned propert in Puerto Rico that we would like to claim using adverse possession.

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.

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Who is the owner of a Real Estate Property in Puerto Rico after death of one parent? Spouse or Inheritanance?

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

2 Answers | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: My mother transferred 2 properties in my name as a living inheritance. Is there any way that I can avoid paying any tax

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?

Rafael  Pagan-Colon
Rafael Pagan-Colon
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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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Do the grandchildren of my deceased siblings have to sign and agree to sell my mom house in PR she died 1/2020.
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2023

If they inherit from their grandmother by representation of their late mom, they are also heirs, and thus must agree to the sale. Should they be under 21 years old, you'll need to procure court authorization to sell the real estate.

1 Answer | Asked in Probate for Puerto Rico on
Q: How to remove siblings as inheritors.

Mother died in Nov 2022 & step-father (who never had biological children) died the following Apr 2023. They left $12K in savings & home with an existing morgage. Four adult children (2 sons & 2 daughters) and dead spouse are currently named in the Certificado de Herederos. Two... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2023

Any repudiations must be formalized through a deed poll subscribed by the heir who rejects his/her inheritance. If an heir is gaslighting you, you'll need to take the case before a court of law. Who'll either order the heir to formally reply whether he wishes his inheritance or not. If... View More

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My aunt named my father and his cousin as heirs in her will. My dad's cousin passed before my aunt, are her kids heirs?
Nina Whitehurst
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answered on Jul 11, 2023

Your question cannot be answered without actually reading the will. Sometimes the will specifies what happens if an heir predeceases the testator. Sometimes it does not.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: When a 'Cambio de Dueños' is filed and there are more than one owners shouldn't the change reflect all parties involved?

The land in question was given to us with documentation; Escrituras, segregated and Registered at the Property Registry through a Notary (lawyer) one of my siblings recently filed for a 'Cambio de Dueño" I noticed on the Global Catastro that when they processed the change, they left the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 10, 2023

I'm assuming the change in ownership to which you refer is with the Puerto Rico Municipal Income Collections Center ("CRIM", by its Spanish acronym). When more than two owners are involved (i.e., when a community property is filed with CRIM), there are two forms that should be used.... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: My brother has recently passed here in Puerto Rico and has left some credit card debts.

My brother was never married and he didn't leave a will. No one has ever cosigned for him. He doesn't own any property and was living in my Moms house. His only assets are his two bank accounts. One of the accounts paid the funeral expenses but there could be some money left in that... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 10, 2023

First off, I regret your loss. Did your brother have any children? If not, are either or both of his (your) parents alive? If so, your parents would be his heirs. If your parents have passed, then you and any other siblings that you may have would be the heirs.

In order to file a Petition...
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1 Answer | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: What do I need to file a CAMBIO de DUEÑOS, and how can I obtain a copy of the Segregation Deed pertaining to property ?

I am in the process of filing for a change of ownership for a property that was left to me by my father prior to his passing. the Escrituras for myself and 2 other siblings were completed years ago, the land was segregated into three parts, in each of our names. Recently, one of my siblings filed a... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

Your first step would be to procure a registry certification from the Puerto Rico Property Registry. If the segregation was filed with the Registry, the original lot (finca) will identify the three lots. You do not state whether your late father left his will or whether he died intestate. If a will... View More

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