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What happens when a person dies in Puerto Rico, and their children live in the United States? Or when a person dies in one of the states and has property in Puerto Rico? What do you do about the person’s property? And what about the bank or investment accounts? How do you transfer their property in your name as an heir? What would you do if your father died and owned a house in Puerto Rico while you were living in the states? What do you do if you want to sell that house or transfer its title to you? What happens if your inherited property is not registered in the decedent’s name? How does divorce work in Puerto Rico? What happens if one parent lives in Puerto Rico and the other doesn’t? How do child custody cases work in Puerto Rico?

These are all questions that people ask us when they have family or property legal issues in Puerto Rico. The rules are complex, especially if one or more parties live in the United States and the other party lives in Puerto Rico.

Our firm handles:

  • Probate or inheritance cases
  • Real Estate or Real Property cases
  • Divorce and Child Custody cases

Our Puerto Rico Lawyers have been handling cases in Puerto Rico for more than 20 years. Our firm also handles cases in other states, such as Florida, Texas, New York, Massachusetts, Connecticut, and California. This combination of U.S. law and Puerto Rico law is essential to handle cases for people who live in the continental United States and have legal issues in Puerto Rico. Because the U.S. and Puerto Rico have very different rules, states, and regulations. You need someone who knows and has real world experience in both to help you avoid possible disastrous complications that could affect you and your case significantly. Our Puerto Rico Lawyers will guide you through your Inheritance, Probate, Real Estate, and Divorce law case with the transparency, responsiveness, and professionalism you expect from a U.S. law firm but in Puerto Rico.

Practice Areas:

  • Inheritance Law (Puerto Rico Probate Law),
  • Puerto Rico Real Estate / Property Law
  • Puerto Rico Estate Management
  • Puerto Rico Divorce Law

Inheritance Law / Probate Law

In the area of Puerto Rico inheritance law or Puerto Rico Probate law, we assist our clients with the following issues:

  • Executing and validating a will in Puerto Rico.
  • Inheritance / Probate Litigation in Puerto Rico: We represent our clients in Puerto Rico courts involving inheritance issues, inheritance problems with brothers and sisters (siblings), or contesting a will that might be invalid.
  • Resolving legal issues or coordinating with Puerto Rico agencies (such as the “CRIM” and property taxes), Demographic Registry when dealing with different names, or the Registry of Property involving probate issues that involve deeds or when a property is not correctly registered.
  • Estate Management: helping with the administration of a will or the distribution of an inheritance. Under a will, an executor, or “albacea” as it’s known in Puerto Rico, must follow the law and the last will and testament of a decedent or “causante” in distributing the assets and paying the liabilities of an inheritance (estate). If there is no will, Puerto Rico law has different provisions that need to be followed to distribute an inheritance. We help our clients with the entire process so they can feel supported and wrap up the process quickly, efficiently, and as economically as possible.
  • Identifying inheritance assets such as houses/homes, apartments, condos, walkups, commercial properties, bank accounts, and other valuables included in the inheritance or estate.
  • Transferring assets from the deceased to the estate and then to the heirs.
  • Valuing, managing, preserving, and partitioning the estate.
  • Locating heirs and beneficiaries of the inheritance or will.
  • Advising on hiring other professionals to support you in the inheritance or divorce process. (Such as Puerto Rico accountants/CPAs, Real Estate Agents/ realtors, Financial Advisors, Property Managers, property appraisers)
  • Inheritance Law is the process by which ownership of the assets and liabilities (debts) of a deceased person is transferred to that person’s family, friends, and loved ones noted on a will, or if no will exists, to the heirs established by law in Puerto Rico. The people who outlive the person who died are often referred to as “survivors,” and if they are to receive anything under a will, they are often called “beneficiaries.”
  • For the most part, it is up to the decedent to decide who receives what by executing a Will. To be valid in Puerto Rico, the Wills need to follow the formal specifications of the law.
  • But it is common (especially if someone dies young) for a person to die without a Will. When someone dies without a Will, it is commonly known under Puerto Rico law as dying “intestate.” A court then decides how to distribute the assets and liabilities of the deceased person. In Puerto Rico, this judicial process is known as “Declaratoria de Herederos” (Declaration of Heirs).
  • In some cases, there might be a dispute about the terms or validity of a Will. In this case, the person contesting the Will must file a complaint in the Trial Court in Puerto Rico to formally challenge the will and have the court decide the issue. After the litigation, the courts produce a judgment or “sentencia” that can be registered in the Property Registry.

Real Property:

  • Executing and resolving issues with Puerto Rico Deeds (“Escrituras” ): There are no “Quit Claim” deeds in Puerto Rico. Property is transferred by following precise rules in drafting, executing, and filing a Puerto Rico deed, also known as an “Escrituras” or notarized deed.
  • Clearing Title: Cancellation of Mortgage Notes and Liens. Sometimes, a property has a lien or an annotation that alerts any third party interested in the property that a debt or a legal proceeding is attached to the property. This can affect the type of transaction that can be done without involving that party. Frequently, a mortgage, a lien, or a recorded interest has been satisfied or paid, but that payment hasn’t been properly registered in the Puerto Rico Registry of Property. This causes a delay in selling or transferring the property. Our Puerto Rico Real Estate lawyers assist our clients in removing these liens or recordings from the Title so the property can be sold or transferred correctly.
  • Registering Real Estate Property in Puerto Rico: When a probate case finishes, a court issues an order transferring property to one or more heirs, or when you sell or transfer property, the transferring document has to be properly registered with the Registry of Property for the transaction to be accurately noted on the title. Sometimes, local Puerto Rican attorneys do not complete the registration process correctly. Given our many years of experience dealing with Puerto Rico properties and with the Registry of Property in Puerto Rico, we can make sure that our client’s rights are protected and that titles are properly noted on the property record.

Estate Management:

As a legal term, estate refers to the totality of an individual’s personal belongings and valuables that were accumulated during the person’s life, including, among others, real property and intangible assets like stocks and bonds, corporate interests, patents, copyrights, etc.

The liabilities or debts also form part of the estate. Debts such as unpaid taxes, including property and income tax, and any secure or unsecured debts form part of the estate and must be dealt with. A Will may also have bequests or “legados” to be paid before distributing or partitioning the estate. All these things need to be accounted for by the executor or executrix of the estate, also known as “albacea” in Puerto Rico, if there is a will. If not, the heirs need to follow specific rules that deal with the distribution of the estate. Because these rules are technical, our Puerto Rico probate lawyers can assist you in dealing with these rules to distribute and close out an estate properly.

Our Puerto Rico Estate lawyers can help you through the process of estate management. Sometimes, a decedent leaves interests in a corporation or partnership that are part of the estate and need to be resolved. Other times, you must prepare the properties for selling and then partition the funds among the heirs. We can help you with property management. If things aren’t properly dealt with, they can lead to future court cases and expensive litigation. The best thing is to have us assist you in avoiding pitfalls and costly complications later.

Divorce Law:

Our Law firm offers family law legal services in Puerto Rico. Family law is an umbrella term covering Divorce in Puerto Rico, child custody cases in Puerto Rico, child custody modifications, and child support issues. Our Puerto Rico divorce lawyers will help you deal with a pending divorce in Puerto Rico or a previous divorce case that now has implications in Puerto Rico, for example, when one spouse lives in Puerto Rico or moves to Puerto Rico to file for divorce. It also covers when children are with a spouse or parent and a child custody determination case is filed on the island. Puerto Rico divorce lawyers will also help you when the minor child and the parent have moved away from Puerto Rico, and the case needs to be moved to another court.

In Puerto Rico, divorce law differs significantly from many places in the United States. It is a mix of civil law and common law. Civil law prevails in Spain, France, and other Latin American countries, and common law prevails in the United States. There is a combination of statutes that intertwine when a divorce case is filed in Puerto Rico or when there’s a child custody case involving Puerto Rico. It is crucial that the person who represents you has experience in both the United States legal system and the Puerto Rico legal system to properly represent your interest in a divorce or child custody case in Puerto Rico. If one Party lives in Puerto Rico and the other lives outside of the island or if the children have lived outside of Puerto Rico and now live in Puerto Rico, then this multi-jurisdictional experience is of the essence. You need a lawyer who can work with both systems. Our Puerto Rico lawyers have experience in both the United States legal system and Puerto Rico. They can help you maneuver the intricacies involved in this type of case. In many cases, you would have to get a lawyer familiar with the law in the United States and a lawyer who also works in Puerto Rico. Our Puerto Rico lawyers have experience in both, and we have lawyers licensed in multiple states. For example, we practice in New York, Connecticut, Massachusetts, Texas, California, and Florida. We are in a position to assist you in these jurisdictions if applicable.

We know that divorce or dealing with child custody issues is challenging for you, but adding the complexities of two different types of legal systems could be outright overwhelming. Call us today for your Puerto Rico divorce and child custody issues. We can discuss the issues in your case, give you an idea of possible strategies, and discuss how to retain our offices to assist you in this difficult time better.

Blanca G. Silvestrini and Angel J. Silvestrini

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Fill out the contact form or call us at (855) 589-5295 to schedule your free consultation.