My uncle and father co-own two houses and land in Puerto Rico. My father died several years ago and his lawyer has contacted me requesting my birth certificate to finalize the inheritance. My Uncle also wants to negotiate buying my half of the property. Can I contact a lawyer in Puerto Rico to... Read more »
answered on Jun 1, 2023
You can retain the services of an attorney in Puerto Rico, even if you live in New York. You do not state who hired the attorney who requested your birth certificate. Neither do you mention whether you're an only child or whether you have siblings. It seems that your late father did not leave... Read more »
answered on May 30, 2023
I need additional information before I can answer your question. When was the sale closed? What state do you reside in? If you live outside Puerto Rico, the local Revenue Code requires that a 15% retention be automatically made against sales proceeds for non Puerto Rico residents. This retention is... Read more »
It’s a home and land in Rio Grande Puerto Rico. Wish to build on land but I’m getting the runaround. They harass my brother who has a mental disability. I want to build a home that is modern and secure for him and myself to stay in with no problems from the rest of the family. I’ve requested... Read more »
answered on May 30, 2023
The information you require may be found in the Puerto Rico Property Registry. You'll need your father's full name and the location of the property. If you have the plot ("finca") number would be so much better, as well as the cadaster number under which the real estate is filed... Read more »
My father is 87yo and would like to avoid going anywhere to sign documents etc. Related to a sale of a property he owns. How much +/- it will cost?
answered on May 30, 2023
An attorney in Puerto Rico can represent your father for the purposes of selling real estate property, so long as your father is in full possession of his mental faculties and grants a power-of-attorney to authorize the Puerto Rico attorney to represent him in the sale. The power-of-attorney must... Read more »
The land is in Cabo Rojo. My great grandmother’s home has been vacant for 25 years. I was told family can build on this land, but there are no deeds to it. My great grandmother had many siblings and many have build homes without a deed.
answered on May 22, 2023
The answer to your question entails procuring a Certification of your family's land from the Puerto Rico Property Registry. That will let you know whether the portion you speak of has been segregated or not.
If the portion was segregated, then the Puerto Rico Property Registry should... Read more »
My father’s will gave my mentally disabled sister 75% of the house and surrounding land in Puerto Rico with the balance divided evenly between me, my other 2 sisters and my brother. However because she can’t live alone (my father was taking care of her on the property) she wants to give me her... Read more »
answered on May 22, 2023
The only way to achieve this would be through a court authorization. Puerto Rico Civil Code presumes that all adults are judicially capable to make their own decisions. In the case of mentally disabled adults, a lawsuit must be filed with the court to legally incapacitate your sister and assign her... Read more »
The Hoa president is now requiring all those that rent subscribe and acquire a hotel # whether you a business or not n also charging a fee of $150:for damages of guest. First can she force you to register and ask for the # and can she collect a damage fee per guest?
answered on May 22, 2023
There is no way to address your question for lack of additional information. I recommend that you revisit the rental contract or sales deed (as may be the case) and peruse to identify what is said regarding future additional fees. If you signed a contract or deed that includes the possibility of... Read more »
As my mothers sole heir, if she passes, will I be subject to inheritance taxes on the land? I have read that inheritance tax on land can range from 18%- 50% of the value.
answered on Apr 6, 2023
At this time, the Commonwealth of Puerto Rico does not impose inheritance per se. Nevertheless, property taxes are another matter entirely. Assuming that she lived the real estate property in Puerto Rico until her death, and assuming that no descendant has lived the real estate property since,... Read more »
the property in question should have been segregated according to our ‘records’ back when they were originally filed by my father. There appears to be a sequence of numbers that corresponds with each one of the assigned land parcels. Could the OPGe assist with clarifying if the land was... Read more »
answered on Apr 3, 2023
You'll have a better chance to get the information from the Property Registry. When lad plots are segregated from a main lot, the Registrar annotates each of the new property ("fincas") numbers for each of the newly segregated land plots on the margin of the main lot. Also identified... Read more »
I am aware of the real estate laws without a will. Do I need my sibling’s permission and is the second floor considered a separate residence ?
answered on Mar 29, 2023
Building the structure is not the issue. Your would not be able to file ownership of the structure, so long as probate procedures have not been completed. No one can assume or transfer a right that they do not personally possess. Allow me to elaborate.
Upon a person's passing -... Read more »
I did the claim de Herrederos after my father passed and I think a ‘Plano de certification y mensura’ may have been done on the property when it was surveyed by an engineer and whole description was filed with the paperwork. Unless it is a separate or different process? don’t know if that... Read more »
answered on Mar 24, 2023
Your description contains confusing information about the multiple steps required for an inheritance to be correctly transferred to the heirs. Given the specialized nature of estate law in Puerto Rico, hiring an attorney to do this for you is highly recommended. If everything is correct, a licensed... Read more »
Assuming that most of the process should have been already done, where would I go to find the measurements of the plot? I had the land surveyed when we started the process back in 2007 when my father passed.I’m pretty sure I have most of these documents. The only thing I don’t have is the title... Read more »
answered on Mar 23, 2023
Ownership of the property can be established by requesting a registry certification from the Puerto Rico Property Registry (Registro de la Propiedad) with copy of the scanned foils that shows the historical tract of the real estate property. You can physically visit the Registry located in the... Read more »
¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) cuando uno de los herederos (total de 6 herederos directos) ha tomado posesión de la casa y se niega a aceptar cualquier venta de la propiedad?
answered on Mar 23, 2023
Primer paso (si ya no lo ha hecho) debe ser solicitar, mediante Petición al Tribunal, que se expida carta testamentaria a su favor como albacea. Para esto, debe otorgar declaración jurada aceptando usted el cargo de albacea. Esta declaración jurada se envía al notario que autorizó el... Read more »
Prior years before my father passed he had filed with the court an Escritura leaving us assigned portions of his land. I filled through an attorney the Declaration of Heirs.. I have several documents that were submitted to the courts; I’m Not sure if everything was completed. I have a... Read more »
answered on Mar 21, 2023
You need to start with the land plot from whence the other lands were segregated. When plots are segregated from a source land plot, the Registrar annotates the new plot ("finca") numbers as entries to its historical tract. When a land plot is lotified, but not yet segregated, a plot plan... Read more »
The developer owner of the urbanization has failed to fix major construction issues to a point where our home is posing a hazard to live in as we have land settling and and erosion of soil. House foundation leaks water through the floors and electrical wiring has serious overload issues. I have... Read more »
answered on Mar 21, 2023
To place a lien on the urbanization, you would need to file a lawsuit to justify the lien in terms of the amount that you would be claiming against the developer. Due to the state you describe, you can file the lawsuit directly before the Court of First Instance, requesting permission from the... Read more »
The catastrophe no# appears to be the same for all the property; it was my father’s #no. how can we verify each part and what do I need to do next. I tried to find it online; I found a listing for a portion of the land. When I contacted the office of the CRIM they were unable to find anything in... Read more »
answered on Mar 20, 2023
If the cadaster number is the same, it probably means that, at most, the land may have been lotified (i.e., outlined lots) but has not been segregated. Assuming that your late father was the sole owner of the land (was he single at the time of his death?), and assuming that you have a declaration... Read more »
Both parents are deceased. The property is land only. A neighbor has built a structure - part of a house on a corner of the property. Siblings have paid back 14 years of back taxes 2 years ago when last parent died. Taxes continue to be paid and are up to date. How do we proceed to inherit the... Read more »
answered on Mar 20, 2023
The probate process in Puerto Rico begins by procuring the death certificates of bith parents. Did they die in Puerto Rico or abroad? If the latter, you'll need to provide these. With the death certificates on hand, requests are made to the Office of Notary Inspections to determine whether... Read more »
affidavit from my brother and I is needed in order to sell. What kind of Affidavit do we need to obtain to give him permission? I know it needs to be notarized.
answered on Mar 15, 2023
In Puerto Rico, you'll need more than an affidavit for your dad to sell what is an hereditary estate community. Both you and your brother must subscribe a power of attorney deed, empowering your dad (as your agent) to sell the real estate property, which must be clearly identified in the power... Read more »
All the paperwork for property to be divided is done. But we can’t get titles because he is not paying CRIM the taxes. How do we force him to pay so we can all get titles?
answered on Mar 6, 2023
Property taxes on an hereditary estate are the responsibility of all of the heirs, not just one of them. Any one of you can pay the CRIM taxes. At the time of dividing the estate, the heir that paid the taxes may recover the portions of said payment that should've been paid by the other heirs.
Property filed under name of spouse who developed Lewy body dementia and Alzheimer's. Can property be transferred to the healthy spouse? What rights, if any, do the children of the sick spouse have to the property in question? Do the children need to be considered in the transfer of property... Read more »
answered on Mar 6, 2023
Under Puerto Rico law, an incapacitated individual's property may not be transferred to another person. Nevertheless, the administration and care of said property may be assigned to another. The healthy spouse would need to incapacitate the spouse suffering from dementia and/or alzheimer, and... Read more »
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