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Puerto Rico Questions & Answers
Q: Do I qualify for SSDI in my specific case?

I’m currently 35 years old of age. I was diagnosed with major depression and major anxiety while I was working during the time of the COVID 19 pandemic. It has been very difficult for me to maintain a job now due to this mental health condition. I worked for 3 years before my diagnosis in 2020. I... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 8, 2025

The answer to your question is two-pronged.

First, social security disability insurance applies only in cases where a medical condition permanently hampers a person from undertaking any type of work. Your medical file must reflect not only the existence of an impeding medical condition, but...
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Q: Do I qualify for SSDI in my specific case?

I’m currently 35 years old of age. I was diagnosed with major depression and major anxiety while I was working during the time of the COVID 19 pandemic. It has been very difficult for me to maintain a job now due to this mental health condition. I worked for 3 years before my diagnosis in 2020. I... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 11, 2025

It is very difficult to get Social Security Disability for a non-psychotic mental disorder like depression. At a minimum you would need a psychiatrist or psychologist to explain why you cannot do a simple uncomplicated non-stressful job. At your age your doctors would have to rule out jobs such as... View More

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2 Answers | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: Can my father apply for Expidiente Dominio or usucapion for his house in PR?

My father, who is 98 years old, has been living in a house he built 50 years ago on land left to him by his father. He has lived there for over 38 years. Although his siblings have not settled or segregated the property, my father has maintained it solely. He is exonerated from CRIM regarding the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 8, 2025

Unfortunately, an estate community property is not subject to usucapion by anyone of its commoners. Nevertheless, your father can go before a court of law to request partitioning, distribution, and liquidation of the community estate. He should retain the services of an engineer to prepare a plot... View More

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2 Answers | Asked in Civil Rights, Civil Litigation and Gov & Administrative Law for Puerto Rico on
Q: Consequences of missing a court date in Puerto Rico due to medication retrieval.

I currently have a civil restraining order in Puerto Rico with a court date set for July 10th. The individual involved has my Parkinson's disease medications and refuses to return them, claiming they don't know where they are. I have severe symptoms due to lack of medication, including... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 8, 2025

Missing a court date for a hearing to which you have been duly noticed may open you to contempt. If you are the benefit of the protection order, your case and the protection order may be dismissed. If you are the defendant, the court may grant the protection order or issue an order to have you... View More

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2 Answers | Asked in Real Estate Law and Gov & Administrative Law for Puerto Rico on
Q: Can the government possess unoccupied heir property in Puerto Rico?

I am an heir to a property in Puerto Rico, and all heirs live in the United States. We have completed the heir lookup and engaged a lawyer. My sister in Puerto Rico mentioned that if the property is not occupied, the government might possess it. How does this affect our ownership rights, and what... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 8, 2025

My first suggestion would be for you to contact your attorney and relay these concerns to him/her. In extreme circumstances, real estate property that has been abandoned, that shows a lack of maintenance, and whose property taxes are not paid *may* result in the property being declared a public... View More

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2 Answers | Asked in Probate, Contracts and Real Estate Law for Puerto Rico on
Q: Property donation implications after recipient's death and transfer in Puerto Rico.

In Puerto Rico, a property was donated to an individual between 2009 and 2013. The recipient passed away at the end of 2013, leaving no will and having no spouse or children, but he did have living parents and siblings. The property was officially recorded under the deceased's name. After the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 8, 2025

Some donation deeds have a revocation clause, returning the donated property back to the donor in the event of the recipient's death. Before filing with the property registry, a donation tax return should have been filed with the Puerto Rico property registry. Back then, that step could take... View More

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2 Answers | Asked in Immigration Law for Puerto Rico on
Q: Can I apply for a waiver for naturalization after fraud/misrepresentation on DS-260?

I withdrew my N-400 application because I was disqualified from naturalization due to fraud and misrepresentation. Specifically, I marked "single" on my adjustment of status application (DS-260) at age 16, even though I was married abroad. My father petitioned for me, and I obtained legal... View More

Iris V. Anderson
Iris V. Anderson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2025

Marking “single” on your DS-260 while married can be considered fraud and may bar naturalization. There is no waiver for this in the naturalization process. However, because you were 16 at the time, your age and intent could be important. It’s best to consult with an immigration attorney who... View More

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2 Answers | Asked in Contracts, Business Law and Personal Injury for Puerto Rico on
Q: Can I reclaim a vehicle I loaned to a subcontractor who hasn't paid?

I provided a vehicle to a subcontractor under my name and insurance, with the understanding that he would pay it off. We have a contract outlining the payment terms, but he hasn't made any payments or complied with job contract obligations. Despite contacting him and the president of his... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 24, 2025

You need to go before the court to reclaim your property from the contractor, as well as amounts owed. The police may or may not help if an agreement is in place. In Puerto Rico, self-help recovery is not permitted: you cannot take the property away from someone who is in pacific possession. Before... View More

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1 Answer | Asked in Probate for Puerto Rico on
Q: Tengo derecho de de presentar una demanda de liquidación de comunidad contra mi hermano que está ocupando la propiedad y

Se niega a comprar mi parte o vender en el mercado abierto?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 15, 2025

Correcto. En Puerto Rico, nadie está obligado a permanecer en comunidad. También tiene causa si su hermano se halla en posesión del caudal comunitario al punto de excluir a otros herederos. En su demanda, puede solicitar al tribunal que ordene la venta judicial de la propiedad.

1 Answer | Asked in Estate Planning, Family Law and Probate for Puerto Rico on
Q: What court in Puerto Rico should I notify of my father's passing?

My father resided in Puerto Rico when he passed in 2022. Is it too late for me to pursue this issue? I've learned that the Executor of the Will has not started the process and does not intend to. They said there is nothing to inherit. I have a copy of his Will and I was named an heir.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 15, 2025

The court of first instance in the city where your father had real estate or where he resided would be the one to receive your claim. An executor cannot maintain that there is nothing to inherit unless s/he prepared a detailed inventory of the estate's assets, liabilities, and expenditures.... View More

2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Addendum - I just noticed that the manner in which I wrote my response may not have seemed fully clear. By "local," I should have made it clear that I meant local to Puerto Rico. Good luck

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2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Attorneys who practice in Puerto Rico could advise best, but your question remains open for over two weeks. Did the agreement for the course you offered include any clauses about where disputes or collections would be handled? That could be the first thing to look into. One option is to approach... View More

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1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Small Claims for Puerto Rico on
Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks

He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 22, 2024

Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.

Your attorney can file a...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Terminating a lease

If the landlord wants to terminate the lease, how many days notice and does it have to be in writing and laws when the person is a senior citizen

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 20, 2024

The answer to your question should be included within the rental contract that you both should've signed. As a rule, most rental contracts have a 30-day advance notice clause for termination of the lease.

If the landlord/landlady attempts to evict, and the leasee is an senior citizen,...
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1 Answer | Asked in Contracts for Puerto Rico on
Q: Hello. Is there a way I can file a small claim against an LLC registered and located in Puerto Rico?

I am an owner of a small trade business, located in Texas. My business sold goods to a company from Puerto Rico that failed to pay. As of now, it is 1-year payment delay, when originally agreed terms were net 30. The company in Puerto Rico doesn't respond to phone calls and emails. Payment... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 20, 2024

There is an expedient way to collect an outstanding debt by presenting the debt before the Municipal Court of the city where the debtor resides or operates. Along with a copy of the contract and corresponding invoice, the creditor must also attest as to the attempts made to collect. As a rule, your... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Took a loan to buy a house w/gifted down-payment from a live in partner. Can live in partner claim co ownership later?

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Family Law and Elder Law for Puerto Rico on
Q: How is the compensation of elderly caregivers or tutor established?

My brother is currently taking care of my elderly disabled father in PR and is requesting to be paid an unafordable amount in order to do so.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 4, 2024

The rule of law in Puerto Rico establishes a maximum of 10% of the elderly unfit's bank accounts, subject to assignment by the court. In order to claim compensation, your brother must demostrate that taking care of your elderly father has caused your brother financial loss, such as not being... View More

1 Answer | Asked in Car Accidents for Puerto Rico on
Q: A guy hit my car March 31st 2024, it was his fault and I have the police report. My insurance paid for my car to get fix
Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

An attorney who practices in Puerto Rico could advise best, but your post remains open for two weeks. Your post didn't include a question. But it looks like your insurance company handled matters as a first-party claim. Bases on liability, which you mention is in your favor, it's possible... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Venta de la casa con 8 herederos pero 1 se niega a vender, aunque no vive en la casa

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Puerto Rico on
Q: I need an attorney who is licensed in Puerto Rico. We are living in NY

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

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