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Before entering into real estate purchase, live in partner expressed verbally that even though only 1 person was entering a mortgage contract that any contributions made to improve the property will be compensated and accounted for before any profits of sale was split between the two parties. And... View More 
answered on Nov 4, 2024
I am inferring from your question that your then live-in partner does not appear on the sales deed. If this is the case, your live in partner does not have a participation right in the real estate property, although he can have a right to receive repayment of the amount that he provided for the... View More
Somos de Puerto Rico, 8 hermanos vivos. Nuestros padres fallecieron y una de mis hermanas se ha hecho cargo de la casa por 12 años, incluyendo su total mantenimiento. Ella ya esta haciendo los tramites para vender la casa, pero una de mis hermanas (que vive en otro lugar), se niega a vender la... View More
answered on Oct 22, 2024
Los herederos restantes pueden acudir ante el Tribunal del municipio donde se halla la casa, en una demanda de liquidación de comunidad hereditaria. La hermana que no desea vender tendría que ser emplazada (por edicto, si vive fuera de Puerto Rico o si no la pueden ubicar). Al vender la casa, la... View More
My mother found out that she was left out of an inheritance. There is land in Puerto Rico that belong to her Grandparents and her father and his siblings. Her dad passed away when she was young, but her dad was the eldest son then came all the other siblings. Her uncle was the only child still... View More
answered on Oct 7, 2024
Your text does not detail how your mother found out about her inheritance. First off, you would need to identify the real estate property in Puerto Rico, procure either a title study or registry certification for the property to understand whether or not it still remains in your grandparents'... View More
Mother passed away June 2024. Father passed 10 years earlier. 4 children set to inherit and are having home appraised.
answered on Sep 20, 2024
For a person that died prior to January 1, 2018, the value of the deceased's participation in any real estate property reported in the estate tax return filed for that person is valued at fair market value, typically submitted along with an appraisal of the real estate's value at the time... View More
4 siblings inherited a property. 2 siblings have their own properties. 1 sibling put $8,000 into the inherited property and the last sibling is currently living in the property and is claiming that they now own the property all though they are all on the title.
The sibling that put the... View More
answered on Aug 30, 2024
The sibling who paid out $8,000 into the inherited property has the right to recover $6,000 from his/her siblings. If an heir assumes exclusive possession of the property in detriment to the other sibling's inheritance rights, any can go before a court of law to request a liquidation of the... View More
excuted donation when the land and property are not registered? Was the donation process illegal and can the lawyer be held accountable for malpractice if it impacted tax liabilities to all other heirs of an unregistered, unsegregated land belonging to multiple parties?
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answered on Jul 2, 2024
This is a complex question involving several aspects of Puerto Rican property law, tax law, and legal ethics. I'll break down the key issues and provide some general insights, but please note that this is a situation where consulting a qualified local attorney would be crucial for specific... View More
My Grandmother signed some documents while sick in a Hospital in PR and has since passed. Her Family never received a copy of the document signed and her heirs have not received their share of inheritence from the sale of a large multi-acre sale in Puerto Rico. My mother is now up in age and... View More
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answered on Jun 25, 2024
Based on the information provided, there are a few potential avenues you could explore to research unclaimed funds from the sale of a family estate in Puerto Rico:
1. Departamento de Hacienda (Department of Treasury):
This is indeed a good place to start. The Departamento de... View More
"clarify that they acquire a participation equivalent to _percent in the property described above, in such a way that, from now on, they are all owners of it in community of property. It is noted that all those appearing parties in this act have been warned about the legal effects of the... View More
answered on Jun 20, 2024
In layman's terms, what the paragraph means is that all of the owners each has a participation of a specific percentage over the entire real estate property, but none has specific ownership. For example, if the property is a house, no one owns the kitchen or the bathroom, etc. A subsequent... View More
require a declaration of heirs? As an example, can the land be donated prior to death? If donation or a Will is processed, will it still require a declaration of heirs process? when is deciding to submit a donation or Will a good idea? Does it make the overall process easier for the heirs? If no... View More
answered on Jun 18, 2024
The most control that you have over leaving real estate property, before death, is by donation; after death, conditional to your having left a will before your passing. If you leave a will, the declaration of heirs will not be necessary. Whether to transfer the property via donation or by way of a... View More
property is built on has not been properly segregated and there is no deed yet for the land. The land is to be split across 5 heirs. We are in the process of hiring land a surveyor to plot out the land and hopefully get our land and deeds established.
answered on Jun 17, 2024
You can donate the real estate to your children, assuming that it is done in equal parts and assuming that you have no spouse, since, under Puerto Rico rule of law, the spouse is as much an heir as your children.
If you decide to donate the real estate, both you and your children must... View More
what are the pros and cons? There is real estate property and land that will be inherited by the children regardless if there is a will, but what would by the pitfalls of leaving a will versus not?
answered on Jun 13, 2024
First of all, real estate property in Puerto Rico is subject to the Rule of Law in Puerto Rico, regardless of whether a will exists or not. If you leave no will upon your death, a petition for a declaration of your heirs will need to be presented before the Puerto Rico courts, in the municipality... View More
¿Qué sucede si una persona envejeciente (de 84 años) firma un contrato de arrendamiento con promesa de venta y por desconocimiento, no le pidió al optante el pago por la exclusividad para guardarle la propiedad que le quiere vender? El envejeciente alega que de haberlo sabido, hubiese requerido... View More
answered on Jun 10, 2024
El Código Civil estipula que se presume que todo adulto es capaz. Si el envejeciente desconocía del proceso, pudo haber solicitado que un abogado de su confianza revisara el contrato de opción previo a firmar. Sin tener a mano el contrato de opción, la otra defensa que tendría el envejeciente... View More
It was purchased in the 1940-50's with a declaration jurada.
answered on Jun 4, 2024
To segregate a land plot, you must first retain the services of a licensed engineer, who'll prepare a measurement certification ("certificado de mensura") and a plot plan ("plano de mensura"). With these documents, you will need to file a request with the Puerto Rico Office... View More
She lived in Puerto Rico and has 6 children, but wants to leave her home to me can she do that without having to leave her home to her children?
answered on May 23, 2024
So long as your grandmother (a) leaves a valid will in Puerto Rico, and (b) has enough assets in her estate to address her children's legitimate inheritance, she may. A person who testates in Puerto Rico may freely dispose of half of his/her estate (called the free disposition half), leaving... View More
Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm
answered on May 22, 2024
Actually, the first document that you require would be the deceased's death certificate. A will subscribed outside Puerto Rico may or may not comply with Puerto Rico rule of law, and it may be simpler to just file a Petition for a Declaration of Heirs from the Puerto Rico courts, given the... View More
we are a week away from closing. Bank is ready, all docs prepared and attorney fees paid, etc...
answered on May 16, 2024
I'm assuming that an options contract was subscribed by all parties. As a rule, the buyer has the entire option term to execute his/her/its option to purchase the real estate. If he/she/it does not execute the option within the term, the seller has the right to retain the options deposit that... View More
I paid the principle of over $40k. The dues are even more. I never received a tax bill until Jan 2024.
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answered on May 8, 2024
I understand this is a difficult and frustrating situation. Here are some steps you can take to try to dispute the fines and fees on the unpaid property taxes:
1. Gather documentation: Collect all relevant paperwork, including the will/trust showing you inherited the property, death... View More
I paid the principle of over $40k. The dues are even more. I never received a tax bill until Jan 2024.
answered on May 7, 2024
Unfortunately, any property taxes owed must be paid by the heirs of the deceased owner. Whether you receive a bill from CRIM or not depends on whether you notified change of ownership. Assuming there are more than one heir, these taxes are proportionally imputable between the heirs. Legal liens,... View More
i lived in my house since 1960, have evidence of history of gas and light in my name and a sworn declaration from the 1980’s and neighbors as witnesses. I’m currently in the process of an adverse possession to get a title.
1.) Do I have to wait and get a title in my name first and then... View More
answered on May 6, 2024
I'm assuming that an adverse possession in process means that you already have an attorney. I recommend that you consult this very question with your attorney. Nevertheless, with the information you've provided, (1) you need to wait to obtain the real estate title in your name; and (2)... View More
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answered on Apr 18, 2024
Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More
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