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
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 
The house is located in Puerto Rico.
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
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?
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
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.
answered on Aug 29, 2023
Although you're appearing for the sale through one or more power(s) of attorney, the notary is required to give faith that he/she has identified you, given that (a) he/she does not personally know you, and (b) he/she has no witnesses on hand to give faith of personal knowledge of you as... View More
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.
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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
The lawyerI used who was also a notary was disbarred in 2014.
answered on Jul 19, 2023
If you can identify the Boqueron property in the Property Registry, you can identify the deed #, subscription date, and the notary before whom it was signed. If you already have this information, you may call the Office of Notary Inspections to determiner where the notary's deed protocol (his... View More
The lawyerI used who was also a notary was disbarred in 2014.
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
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.
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
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
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
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?
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
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?
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answered on Jul 17, 2023
There are a variety ways to address the tax issues described above. If your mother passes, then there may be an exemption from taxes called the Unified Credit. If she wishes to transfer the properties to you during her lifetime without a taxable consequence, then she may need to file a gift tax... View More
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
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
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
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
Landlord will keep security deposit for breach of contract but still wants me to pay the full amount of the lease term. Landlord has a new tenant in the unit. Can the landlord legally ask me for money while receiving money from the new tenant?
answered on Jul 6, 2023
Your question does not state if the lease contract was signed in Puerto Rico. Nevertheless, what's valid is not whether he leased the residence to a new tenant, but rather what you agreed to in your lease contract. If said contract has a penalty clause for early termination, then your ex... View More
answered on Jul 10, 2023
You can revoke a power-of-attorney by subscribing a deed poll explicitly identifying the power-of-attorney you wish to revoke. It you live in the states, the poll deed must identify any real estate included in the original power of attorney. (a) The protocolized deed poll must be filed with the... View More
The brothers have been named the heirs. Does that now make them legally responsible to pay the mortgage on the house he owned? If they do not pay the mortgage and let the bank foreclose will their credit be affected?
answered on Jun 21, 2023
Succession Rule of Law in Puerto Rico states that your late uncle's estate is made up of his assets and his liabilities. Therefore, any mortgages and liens on real estate property would also have to be assumed by your late uncle's siblings. If the outstanding debts exceed the... View More
I don’t live in PR but I want to have a cowner to a property i inherited.
answered on Jun 13, 2023
As a general rule, whether you have an proprietary interest in an hereditary estate or whether you are the sole owner of said inheritance, you can cede, donate, or sell part of your participation or all of it, by way of a deed subscribed before a notary in Puerto Rico. Nevertheless, if you are in... View More
I have lived in this neighborhood for 6 years now and the home in front of mine is my neighbors daughter who passed a long time ago. I'm assuming there are no heirs but i'd like the property to be mine. How do I go about asking my neighbor about maybe getting the home?
answered on Jun 8, 2023
It may not be so simple. The Puerto Rico Civil Code states the order of an intestate succession: if the deceased owner left no descendants, and had no spouse, it would go to the deceased parents. If these are no longer living, it would go to the deceased siblings, nephews, and nieces, if none are... View More
She was asked following her term in 2018. Recently since May of last year she has been asked again repeatedly. She says she has them but shrugs it off as forgetting to bring them when she is on site. These are important to our history and what decisions were made in the past. We are in Puerto Rico.
answered on Jun 8, 2023
If the HOA covers a condominium, the first forum would be to go before the Department of Consumer Affairs. If it is a closed urbanization or community, you could file a lawsuit against the former secretary before a court of law. However, before taking that drastic of a measure, the current... View More
I have documents from notary and register and fica number. How do I proceed, CRIM says candastre number but i can't find that number on receipts. I don't think he completed the task fully. What should I do?
answered on Jun 8, 2023
You can bring to CRIM the previous owner's social security # (which the attorney should have, since he should've also filed the change in the property's ownership before the Puerto Rico Treasury Department (“Planilla Informativa sobre segregación, agrupación o traslado de Bienes... View More
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