FAQ

The following questions and answers are provided to serve you as a guide.  They don't represent legal advice or the solution to your specific situation, for which you should contact your lawyer or your real estate agent, depending on your case.

Q: I read about Law 71.  I have a property in Canóvanas that has never been assessed by the CRIM and I don't pay property taxes.   I am retired and won't be able to pay a new debt now.  What should I do?

A: You must register the property as soon as the CRIM starts the promotional campaign to do so.  If you are the owner of the property, you shouldn't be worried about having a new debt - you will probably be exonerated from paying property taxes.

Q: My parents bought a house in Puerto Rico several years ago and they have always been living it.  Now they got a letter from the CRIM on taxes due.  Our understanding was that they won't have have to pay taxes while they are living in the property.

A: Make sure that your parents are complying with the following:  they are the registered owners of the property, they are living the property, they don't have any other property in Puerto Rico that has been exonerated from property taxes, and the property has an assessed value of no more than $150,000 for the CRIM purposes.  If all those conditions are met, your parents are exonerated from the payment of property taxes.  Visit the CRIM with the letter received and make a claim.

Q: What is the name of the form someone files in Puerto Rico to declare heirship?

A: The name of the document is "Declaratoria de Herederos".  This is a document that states who are the inheritors of a deceased person, required when there is not a will or, when the will was not prepared according to the laws of Puerto Rico.

Q: Who inherit real estate property in Puerto Rico?

A: Puerto Rico laws grant rights of forced heirship to the children of the deceased. In the absence of children, grandchildren or direct descendants of such grandchildren, then the estate goes to the parents of the deceased. In the absence of parents then the estate goes to the closest blood relatives (brothers and sisters, nephews and nieces). In the absence of these relatives, the estate goes to the spouse of the deceased. In the absence of a spouse, the estate goes to any other living relative. In the absence of all the aforesaid heirs, then the estate goes to the Commonwealth of Puerto Rico for the benefit of a “Fund for the University of Puerto Rico.    Reference:  http://www.globalpropertyguide.com/Caribbean/Puerto-Rico/Inheritance

Q: My mother lived in New York for most of her life and prepared her will there.  What we must do for it to be accepted in Puerto Rico for the property she left under her name in the Island?

A: Your mother's will is not valid in Puerto Rico.  You will need to get an Inheritors' Deed (Declaratoria de Herederos) to claim any possessions including real estate property in the Island.