1.  You will need each of the heir’s original Birth Certificates.

2. You will need the decedent’s original Death Certificate.

3. You will need a Negative Will Certification.

5. If the decedent died while married, you will need his/her original Marriage Certificate.

6. You will need a notarized Statement Under Oath that the information on the Petition is the truth.

7. You will need $65.00 in “Sellos de Rentas Internas”.

8. You will need to file the Petition and a project of the Resolution, or judgment, in court.

Please remember that all these documents MUST BE IN ORIGINAL, OR CERTIFIED COPIES. The court will NOT accept photocopies, unless there are extreme circumstances.

DISCLAIMER: Please don’t ask me for a model or boilerplate form for a Declaration of Heirs.  I would be glad to send you one, but the ethical risks of sending a non-client legal documents are far too great.  Call Pro Se, instead.

1. Time is your best friend.

We often hear that “Time is an attorney’s best friend.”, but when it comes to child support matters, it’s also your best friend.  Acting quickly can make or break a case. It can be the difference between “adequate representation” and “damage control”.  If you get a letter from ASUME (the Puertorrican Child Support Administration), don’t wait a few months to look for help. It won’t go away, and it’ll only get worse.  Jump right on it, and make sure that if you can’t handle it on your own, ask for help.  Help out there, but you need to look for it.

2. Be very, very, VERY careful when you fill out that PIPE.

A PIPE is the standard financial information form for all child support cases.  It comes both in Spanish and English, and it’s as complicated and as cryptic as government forms get.  There are literally HUNDREDS of small spaces to outline your financial situation: income, expenses, dependents, people living in your household, etc.  Do NOT grab a pen and start hacking away at it. The instructions aren’t really that clear, and the form in English has none. Again, look for help. Ask before completing it, and DO NOT file it unless you have an attorney check it out before you do. Unless, of course, you’ve filled out many of them. Even so, have an attorney take a look at it. After all, it is under oath, so a voluntary mistake can become a crime in the long run.

3. Your expenses might become your income.

Child Support in Puerto Rico is calculated based on either your gross, after-tax income, or your EXPENSES.  Yes, you read right. Your expenses.  The logic behind this is that if you’re spending it, you must be making it somehow.  Many of us live well beyond our means.  We stretch our budget, we take out loans, we refinance our homes, and sometimes we just survive. Spending money is NOT necessarily proof that you’re making it.  It just means that your finances might be off, or that your economic situation is in bad shape.  But, if you fill out your PIPE wrong, and you put down every single expense you’ve ever paid, your child support is going to sky-rocket.  And then, you’ll just have another debt to rack up.

4. Keep good records of EVERYTHING.

You might consider this tip as “common sense”, but when dealing with Child Support, it goes well beyond that.  Before, during and after your child support review or modification, keep records of EVERYTHING.  Cancelled checks, money order stubs, bank account statements and receipts are your best friends when it comes to determining your child support.  Government records are notorious for being off.  Sometimes, you will need to correct these records.  If you keep better records than ASUME (and we know you do), it’ll be easy to prove that you’ve paid throughout the years.  If you send ASUME a letter, send it through Certified Mail with Return Receipt.  Keep a copy of the letter, keep a copy of the receipt, and keep a copy of the reply.  That way, you can prove that you HAVE been in touch.  If you call over the telephone, which I’ve always thought was a very bad idea when dealing with government agencies in Puerto Rico, keep a record of the date, the time you called, who you spoke with, and what you talked about.  I know it sounds a little extreme, but it’s better to have this and not need it, than to need it and not have it.  Think of it as a your child support safety net.

5. Make sure EVERYONE has your postal address.

All ASUME and court child support communications are sent to the “last known address of record”.  If you move, and never tell them that you did, they’ll just keep sending letters to your old address.  Some of these letters might be to let you know that they’ll increasing your child support payments, or they’ll be garnishing your wages, or your income tax return.  Every single time you move, make sure you tell ASUME. Make sure they GET the letter.  Keep a record of your letter (see step 4 above), and if a few months pass by, and you don’t receive anything from ASUME, worry.  And then, send them a letter with your address.

This isn’t a sure fire list to guarantee that everything works perfectly during your child support case in Puerto Rico.  It’s just a few tips based on my daily practice that you can consider an ounce of prevention, and maybe save you a few headaches along the way.

The truth is that it is the responsibility of the heirs to divide the estate.

The executor’s rights, responsibilities and obligations are usually outlined in the testament. Anything not covered by the testament is outlined in the Puerto Rico Civil Code. While it may be true that an heir can named as an executor, or executrix, other heirs have the right to divide the estate whenever they wish to do so.

It’s up to the heirs to request that the estate be divided or not. Heirs can also choose to remain as co-owners of the undivided estate, or to divide assets according to the testament, but it is NOT the executor’s responsibility to divide the estate.

In order to be considered “married” in our jurisdiction, you need to have formally married either in Puerto Rico, or elsewhere.  Legal formalities of marriage are required in order to be considered married, and a marriage certificate is the best proof of a legal marriage.
Oftentimes, people will call themselves married, or other people may consider a couple who have been living together for many years as “married”, but when you take a closer look, they really aren’t.
While it is local custom to call partners “married” in order to avoid inquiring into their personal life, unless they have actually married, the supposed spouse cannot claim any legal rights as a true spouse, or a widow or widower.  Examples of these rights are communal property and widower’s usufruct.

In simple terms, a valid marriage in Puerto Rico requires a celebration or legal formality.

This doesn’t mean that a lifelong partner has absolutely no rights, but the type of rights he or she can claim vary significantly than those of a true spouse.

What is a disinheritance?

A disinheritance is the act by which a testator deprives a forceful heir from his or her legitimate portion of the estate, for a specific reason outlined in the Puerto Rico Civil Code. It is a resource provided by law to exclude a forceful heir from the estate when the heir has committed specific acts agains the testator.

Only forceful heirs can be disinherited, and they can only be disinherited by drafting a testament.

1. What are the requirements to disinherit an heirThat there is a forceful heir, such as a descendant, or ascendant. Only forceful heirs can be disinherited. The testator cannot disinherit someone who does not inherit to begin with.
2. The heir must have committed a specific action against the testator, and that action must be one of the outlined reasons or causes for disinheritance. Only then can he or she be deprived of their legitimate portion of the estate. (Article 773, 31 L.P.R.A. § 2451)
3. The action, and its cause for disinheritance by law, must be clearly expressed in the testament.
4. The name and identity of the heir must be clearly stated in the testament. (Article 775, 31 L.P.R.A. § 2453).

Exception: If the disinherit forceful heir contest the disinheritance after the testator dies, the remaining heirs have the burden of proof that the cause and action were committed by the disinherited heir.

The Puerto Rico Supreme Court has stated that the cause for disinheritance must be specified in the testament. Contrary to the ordinary rule of liberal testamentary interpretation, that which permits the court to interpret liberally the intention of the testator, and must prevail as his or her last will, in the case of a disinheritance the specificity of the actual exclusion must be clearly stated. A testator can only disinherit through one of the reasons stated by law, and these reasons must be clearly and unequivocally specified, as well as whom is addressed by these. A testator cannot reference another document, even if the document is a public scripture or of public domain.

What are the requirements for a valid disinheritance?

That the cause is specified in the PR Civil Code. If the reason is not in the Code, it will not work.

That the act or reason is true, in other words, that it really happened.

3. That the testator does not draft a will after the act or reason occurred, but did not include the disinheritance. The act must happen first, and then the will must be drafted. Any will drafted after the act or reason, but that does not include the disinheritance, will annul any subsequent disinheritance.

4. That the will containing the disinheritance has not been revoked by a subsequent will, and once drafted, complies with all the legal requirements for a valid will. If the will is insufficient to grant inheritance, it will be insufficient to disinherit, too.

5. Finally, that the testator and the disinherited will have not reconciled after the act occurred. If both reconcile, even if the testator proceeds to draft a will disinheriting the heir, the disinheritance is not valid. (Artículo 781, 31 L.P.R.A. § 2459)

Which are the reasons to disinherit?

All of the reasons for indignity, which are:

1. Abandon, compel to prostitution or falter against the honor of one’s offspring.
2. Sentenced for attempted murder of the testator, his spouse, his children, or his ascendants. This requires a final judgment by court.
3. Accuse in a defamatory manner the testator of committing a felony which carries imprisonment.
4. Fail to inform the authorities of the violent death of the testator for more than one month.
5. Suppress, hide or change a testament.
6. Found guilty by trial for adultery with the testator’s spouse.
7. Threaten, through fraud, or violence:

• a. compel to draft a will
• compel to change a will
• impede to draft a subsequent will
• impede to revoke a prior will

Causes for disinheritance of descendants:

1. Decline to provide sustenance for testator, without a legitimate reason.
2. Offend the testator by words or actions.
3. Engage in prostitution as a profession.
4. Accuse the testator of committing a felony, except when the felony is committed against the accuser.

Causes to disinherit parents or ascendants:

1. Being deprived of patria potestas.
2. Decline to provide sustenance, without a legitimate reason.
3. Accuse the testator of a felony.
4. Fail to post bail, having the resources to do so.
5. Being negligent in providing care.
6. Attempting to murder the opposite parent.

Causes to disinherit a spouse:

1. All the causes to grant a divorce.
2. All the casuses to deprive a parent from patria potestas, such as:

• Cause, or risk, physical, mental or emotional damage to a child, or permit another person to do so

• Fail to accompany a minor as stated by law, supervise the minor’s education and development, or provide adequately for sustenance, clothing, shelter, health care, in accordance to a parent’s economic capacity, or those provided by the State, or any other physical or private entity. Health care is comprised of the medical treatment necessary to treat any physical, mental or emotional condition, or to prevent a condition from occurring.

• If, while having the economic capacity to do so, fail to provide care and custody of the minor.

• Failing to provide a reasonable amount of child support, according to economic capacity.

• Failing to visit or communicate with the minor.

3. Decline to provide sustenance to the testator, or his/her children.
4. Attempt to murder the testator.

What are the effects of the disinheritance?

1. It has the effect of depriving the forceful heir of his legitimate portion of the estate.
2. The disinheritance prevents the disinherited heirs off spring from inheriting.
3. Any forceful heir that has received a donation from the testator, and is disinherited afterwards is considered a third-party to the estate, or a stranger, and therefore the donation is attributed to the free disposition third.
4. If an heir is disinherited, and the reason cannot be proven, or is invalid, the institution of other heirs in the testament is not invalidated. The other heirs must now redistribute the estate’s assets to include the once disinherited heir.

Finally, as you can see, the disinheritance is a complex estate matter. It is both uncommon, and has several formal requirements to be effective. The institution of a forceful heir is protected in our jurisdiction, which is why it is so difficult to disinherit a forceful heir in Puerto Rico. Regardless, a testator can recur to several reasons specified by law to this inherent, and has the option to do so if the heir has offended him or her in such a great matter that the heir must be excluded from the estate.

Before we begin discussing the importance of this recent amendment, we must clarify three main topics:

• Paternity Presumption
• Voluntary Recognition
• Paternity Contest

Paternity Presumption

There is a presumption that establishes that any child born from a married couple is theirs.  In addition, it is presumed that all children born after 300 days after the dissolution of the marriage, or divorce, are children of the male spouse. The father of this presumed child is the presumed father. All fathers can expect that all children born to their wives during their marriage are presumably theirs, and these children can be inscribed in the demographic registry without their consent, because it is presumed that if they are married or they are born during the 300 days after the divorce, these children are theirs. The reality is that sometimes this is not true, and the biological reality is substantially different, and before this law, the time period of three months or six months was final and could not be extended.  This is no longer the case.

Voluntary Recognition

Voluntary recognition is the process by which the father recognizes his son as his. This applies only to fathers.  Oftentimes, the father accompanies the mother of the minor to the demographic Registry and both parents affirm in writing that the minor that is being inscribed at that moment is theirs. Frequently, we’ll hear of a father who “gave his last name” to a minor that knowingly wasn’t his, for sentimental,  economic, or moral reasons. This constitutes a voluntary recognition, and that recognized child is, and will be, for all legal purposes, his child for the rest of his life. Therefore, this child will have a right to obtain child support from his or her father, use his or her father’s last name, and inherit in an equal matter as any other child would, be it presumed or recognized.

Paternity Contest

A paternity contest is the process by which the paternity of a presumed or voluntarily recognized child is contested, or denied. This process usually requires the filing of a lawsuit, or undergoing an administrative process through ASUME. Before this new law was approved, in addition to the time period being so short, the statute of limitations was calculated from the time the minor was inscribed in the demographic registry.

¿So how is it now?

The most important change that this law provides is that the time to contest paternity was extended to six months, which is calculated from the moment the parent is informed or finds out that his or her child is not theirs. In addition to this, any and all parents that have wanted to contest the paternity of their presumed children in the past, but were unable to because the statute of limitations had run out, are now able to do so, because the new law opens a window of six months from its date of approval. The law was approved on January 28, 2010, so any parent that wants to contest the paternity of their children must file a lawsuit before July 28, 2010.

Also, biological parents will have a longer time period to contest the paternity of the legal parent, and therefore be named legal parents of the minor they are intending to recognize as theirs as they will have a maximum of one year calculated from the time of inscription in the demographic registry.

The law states as follows: “… Based upon the date at which knowledge is obtained of the error or approval of this law, whichever is longer.”

The second-most important change brought on by this law are the persons authorized by law who will be able to contest the paternity. These are:

1. The presumed father
2. The biological father
3. The mother
4. The child, by himself or herself, or through their legal representation (if he or she is a minor)

These are the two most important changes in the law. For more details, you can read the law in Spanish, as approved, by clicking this link:

Law Number 215 of December 29 of 2009

Banking policy in Puerto Rico establishes that all the decedent’s bank accounts are to be frozen as soon as the bank is notified of the passing.  This means that regardless of the account being single, or co-joined, all deposited money is automatically frozen until the bank receives a copy of the Puerto Rico Estate Tax Release granted by the Department of Hacienda.

This creates a huge problem for the surviving spouse, because all bank accounts in Puerto Rico where the decedent is a signor are frozen until further notice.  This is further aggravated by the fact that the Puerto Rico Tax Estate Tax Release usually takes several months to be granted.  Oftentimes, the surviving spouse is left without any money to cover for funeral arrangements, or medical expenses incurred by the decedent.

There are a few ways to mitigate the damage that this limitation may impose on the surviving spouse.

Here are five tips to help you plan ahead:

1.  Have enough cash around to cover living expenses for at least three (3) months.

While having cash lying around the house may be a nuisance at best, and a security risk at worst, given the propensity of bank accounts in Puerto Rico being frozen immediately after one spouse’s passing, it’s always a good idea to have enough cash on hand to cover for the first few months after passing.  This will serve as a sure-fire “buffer” guarantee to be able to gather information regarding the estate division ahead, and serves as a safety net for the grieving surviving spouse.  The higher the monthly cost of living, the more cash one has to store at home, or at a trusted location.   A small home vault, which can be found at very reasonable prices, can be fixed to a concrete wall, and its combination set and shared with a trusted party, is usually the best bet when storing cash at home. It is always advisable to conceal these vaults, and entrust its location with a confidant with specific written instructions and its combination.  Bank safety deposit boxes are not a safe location, because as with bank accounts, banks in Puerto Rico can freeze them, and prevent the surviving spouse from opening them until the PR Estate Tax Release is granted.

2.  Have separate bank accounts with enough funds to cover living expenses for one (1) year.

Any conscientious investment portfolio must always include a portion of cash assets to cover for unforeseen expenses, while leaving long term investments accrue.  It is always wise to have enough funds to cover anything from 8 to 11 months of living expenses.  In the case of a newly deceased spouse, it is essential that the same amount be kept in two separate accounts, since co-joined accounts will be frozen.  This way, the surviving spouse will be able to cover for any living expenses while the estate division is carried out, and the PR Estate Tax Form is filed, and subsequently, its release has been granted, thus enabling the spouse and heirs to withdraw from the accounts.

3.  Set aside funds to cover legal fees.

Some estate divisions are more complex than others.  If your proposed estate division is complex, it is a good idea to also include a portion of the saved funds to cover for the legal fees, or at least a retainer, that will be required by the attorney handling the estate division.  This retainer can also be negotiated and agreed upon before any untimely passing, and many attorneys can accommodate pre-paid terms on a future estate division.  Consulting legal counsel before a spouse passes away paves the road for a smooth estate division and asset transition.

4.  Have a Life Insurance Policy naming the surviving spouse as beneficiary.

Life insurance policies are not subject to most estate division laws in Puerto Rico.  They are unaffected by forced heirship, and do not require a PR Estate Tax Release.  They can be disbursed at the time of passing without further documentation or legal proceedings, other than those required by the insurance company.  Always check with the insurer, and review the terms of the policy in order to determine the specific requirements, which are oftentimes much less stringent than any other legal proceeding pertaining estate divisions in Puerto Rico.

5.  Keep a file with copies of all the important documents regarding properties.

The single most time consuming task of any estate division, contrary to the public’s general belief that it is quibbling heirs, is searching and gathering all the estate properties.  While estate divisions can be done in portions, it is much easier and cheaper to divide the complete estate in large portions, or all at once.  Since finding properties in Puerto Rico is a labor intensive, costly and time consuming task, having a file with all the properties substantially lowers the footwork required to gather an estate inventory.

While these tips are not a guarantee that the estate division will go smoothly, they will help substantially during the transitioning period right after the decedent’s passing.  Further estate planning is always advisable, but a little foresight will go a long way, and prevent unforeseen economic quagmires during the beginning of the estate division process.

The decision to initiate an estate claim in Puerto Rico is directly dependent on whether or not there IS something to claim. It makes very little sense economically to initiate legal proceedings without first establishing what is to be claimed, how much it is worth, and how much it’ll cost to get it.

From a sentimental standpoint, many heirs wish to begin an estate claim regardless of the fair market value of the house where they grew up, or their parent’s last home. Other times, the decision to proceed legally, and the costs and legal fees associated may far outweigh the final value of the investment.

In any case, it’s always a good idea to start by investigating what assets were left behind, and how much they’re worth.

Here are a few pointers on where to begin:

Real Estate

Finding real estate properties in Puerto Rico is a daunting task. Outdated tax records, few if any online access to public records, and disorganized non-computerized filing systems make for a tedious and costly search of real estate properties.

There are ways to work around this.

Tip #1:

The first is the Puerto Rico Property Registry, or “Registro de la Propiedad”. The inclusion of real estate properties within the registry is voluntary in Puerto Rico. Registrants acquire certain legal rights or benefits if they do register their properties, but it is not compulsory, so this system is plagued with outdated records, mistakes in entries, and absolutely no way of gathering information aside from physically visiting the regional offices and searching.

There is something good to all this: apartments.

Apartments, and apartment buildings MUST be registered in the Puerto Rico Property Registry, so if the deceased family member owned an apartment, you will surely find it here.

Here’s a quick tip:  Hire the services of a Title Investigator to search the Index and find if the decedent left any real estate properties. These professionals are much more adept at searching for properties, and title studies are not expensive.  Most range about the $50 to $100 range, depending on the complexity of the study.

You will receive a list of all the properties registered under that person’s name, just as long as they are contained within the registry.

Click here for the Puerto Rico Property Registry’s addresses.

Tip #2:

The CRIM. The Center for the Collection of Municipal Taxes, or CRIM, for it’s name in Spanish (pronounced “cream“) is the government agency in charge of organizing real estate property information for property tax purposes in Puerto Rico.

If anyone needs to know who owns what, where, and how much it costs, it’s this agency. Every real estate property built, sold, segregated or existing in Puerto Rico receives it’s own lot number, called a “Catastro”. It’s a numerical denominator, much like a real estate property’s Social Security number that is used to identify it, and gather it’s taxable value.

Here’s a another quick tip:

You can search all the properties under a person’s Social Security number, and it makes for a quick cross search of what the decedent owned at the time of death.

While heirs are liable for paying property taxes before selling any real estate in Puerto Rico, there are exceptions to reduce the overall debt associated with these properties, so you needn’t worry that just by asking the government will initiate collection on past due property taxes. Now, if the decedent owned property taxes, the CRIM will require that these be paid before any new transaction is made.

You can write a letter requesting a Certification of Debt, and a listing of all the properties under the decedent’s name. You’ll need this for the PR Estate Tax form, so you might as well apply for it anyway.

Click here for a map of each municipality’s CRIM address.

Unfortunately, there isn’t much public record information online, as government agencies in Puerto Rico have yet to establish a serious online presence. As you may know from my previous posts, most of waht is available online is a downloadable form to print and mail in with a Money Order, and wait for a reply through regular mail.

There aren’t any dedicated heir or estate asset locating services in Puerto Rico, at least none that I am aware of. Personally, I have been hired to search for properties, and to provide advice on the reasonability of pursuing estate properties in Puerto Rico. Like all legal matters, it’s sometimes worth it, sometimes not. It depends on what your priorities are at the time to decide to claim an inheritance.

First off, let’s start by stating that there is no such thing as “probate” in Puerto Rico. Wills must comply with such strict legal and notary guidelines that our Civil Code has practically replaced the need for a probate procedure. No legal procedure is necessary for the estate to be partitioned amongst all the heirs if they all convene on how to do so. Unless an executor (“albacea” in Spanish) is designated, the testament itself is enough to transmit the ownership of the totality of the estate to the heirs. With a valid testament, heirs can partition the estate as they see fit.

If by this time you’re asking how creditors are protected if probate doesn’t exist here, know that heirs personally owe all the debts incurred by the deceased if they accept their inheritance. Estates are also tax exempt in Puerto Rico up to $1,000,000.00, so in most cases, estates are tax-free.

Our Civil Code establishes that a testament drafted outside of Puerto Rico must comply with the law of where it is drafted to be valid. If the testament is valid where drafted, it is valid here (31 L.P.R.A. § 2221), just as long as it complies with our local law regarding the institution of heirs in thirds, and does not contain any illegal disposition. If the testament has been probated, then perhaps the best way to apply its distribution of the estate is through an exequatur procedure. But remember, even if valid in another jurisdiction, and legally probated, it must comply with Puerto Rico’s testamentary law.

While in Common Law jurisdictions the disposition of the testator is paramount, in most Civilist jurisdictions, the inclusion of descendants is protected. In Puerto Rico, a third of the estate must be reserved for the “forceful” heirs. A will that leaves the totality of the estate to the surviving spouse must be treated as intestate for the “strict legitimate third”, and the rest of the will is valid as to whatever properties are left to be bequeathed. In order to disinherit a “forceful” heir in Puerto Rico, the testator must expressly exclude the heir in a valid will, and only by applying a cause specified in our Civil Code.

So, to sum up this complex partly intestate partition, the birth of a mixed estate partition may usually require a Declaration of Heirs in order to divide the estate left in Puerto Rico.

Thus, the conditioned treatment of a stateside or foreign will, be it probated or un-probated will must comply with Puertorrican law. If part of the estate that is to be treated as intestate, a Declaration of Heirs is mandatory for that portion of the estate. The remaining two thirds of the estate is to be distributed according to however the foreign will disposes.

As a growing number of expatriates begin to claim their parent’s estates in Puerto Rico, those who expect the estate to be partitioned exactly as their testator wished the estate to be divided amongst his or her heirs, face the sometimes uncomfortable truth that estate partitions in Puerto Rico are completely different from their familiar laws.

Again, thank you Astrid for such an interesting topic that I’ve barely scratched here, so feel free to comment and ask about anything that I’ve written today.

This Registry is mandatory for any will drafted by a Public Notary in Puerto Rico, and in order to verify that the deceased did not draft a will, this Certification is necessary to petition for a Declaration of Heirs.

The Certificacion can be solicited by:

Oficina de Inspección de Notarías
Registro de Poderes y Testamentos
PO Box 190860
San Juan, Puerto Rico 00919-0860

Once you obtain the Certification, the process to petition the Declaration of Heirs can begin.

You will need Adobe Acrobat Reader to download the application, click here to get it:

In Puerto Rico, instead of regarding the intentions of the testator as paramount, the inclusion of forced heirs is protected under our inheritance laws. While in Common Law jurisdictions, such as most of the United States, the final dispositions of the testator are protected, the inclusion of the forced heirs is necessary for a will to have complete validity. Although a will where the forced heirs are not included is not completely invalidated, a portion of the estate must be set aside for them to inherit in preferential order. That means that forced heirs get to inherit first, and anyone else named in the will as heir must wait in line until after they have received their birthright.

What is a Forced Heir?

Forced heirs are defined by our Civil Code article 736 (31 L.P.R.A. § 2362), and are all the descendants of the testator. In plain English, descendants are all the offspring, be it born within or outside of matrimony, designated by birth from the testator to infinity. In other words, great-great-great-great-great-grandchildren are forced heirs.

If the testator does not leave behind any descendants, then the forced heirs are his ascendants. Ascendants are the parents, grandparents and great-grandparents of the testator, and are divided into two separate lines: the father’s side and the mother’s side. Any one ascendant that survives a testator without descendants must be named as an heir in a testament.

If the testator does not have any descendants or ascendants, then he or she has no forced heirs, and can leave everything within his or her estate to whomever he or she pleases, according to our Civil Code article 692 (31 L.P.R.A. § 2281).

The purpose of forced heirship in Civilist jurisdictions, such as our own, is to keep the estate within a single family, and to provide a means of economic sustenance by inheritance. This, in turn, aids in the distribution of wealth between families, and prevents the government from having to provide welfare to someone who might be disinherited impulsively.

Even without forced heirs, the testator must leave his or her estate to a person, be it a natural person such as a human, or to a legal entity as a non-profit organization. Animals, such as cat, cannot inherit in Puerto Rico.

Fluffy might be one thing that loves me the most in this world, but unfortunately, I cannot name him as sole heir in my estate. Hey, I could set up a trust fund to take care of Fluffy, but that would be a whole other topic to write about further on…

No, a lawyer is NOT needed to divide an estate.

PR Civil Code Article 1006 (31 L.P.R.A. § 2872) states that any heir who has no legal impairment to dispose of his/her property can ask that their inheritance be divided.

The only problem is that ALL the heirs must convene on dividing the estate. If everyone gets along, and there are no qualms on how to divide the estate, then a lawyer isn’t really necessary.

Now, when one or more heirs refuse to cooperate, or the estate is complex in nature, an attorney that handles Estate matters in Puerto Rico can be an invaluable source to oversee that the process is handled correctly.

In Puerto Rico, that age is 21.

Even if the original Child Support Order issued in another jurisdiction states that the obligation ends when the minor reaches the age of 18, if the Child Support payments are reviewed in Puerto Rico, the age when the payments cease is automatically extended until the minor reaches the age of 21.

So remember:

Child Support payments in Puerto Rico end at 21 years.

646.867.3959

Con éste nuevo número, le facilitamos la comunicación a nuestros clientes de esa área que tienen asuntos legales de familia y herencias en Puerto Rico.

Prácticamente nos dedicamos completamente a clientes estadounidenses o residentes fuera de Puerto Rico, y nos enorgullece servirles a todos nuestros hermanos y hermanas que viven en el extranjero.

Aprovecho esta oportunidad para aclarar que nuestras oficinas están en Puerto Rico, y sólo practicamos acá. La información de contacto que proveemos es para facilitar la comunicación con nuestros clientes y brindarle consultoría legal a residentes estadounidenses y extranjeros.

No estamos licenciados para practicar ni proveer consultoría fuera de Puerto Rico.

Pronto tendremos numeros locales en Connecticut, Philadelphia, Chicago y Texas, para facilitarle a nuestros futuros clientes de esas áreas el comunicarse con nosotros en Puerto Rico.

También quisiera agradecerle a nuestro clientes de Nueva York por su contínuo patrocino. Es un verdadero placer servirles y les extendemos nuestro más cálido abrazo a todos.

This joint venture between the Puerto Rico Bar Association, the Alfa-Redi Foundation, the Inter-American University of PR, and the University of Puerto Rico brought together a delightfully informative group of inter-disciplinary professionals in what became a melting pot of innovation for the truly cutting edge of law.

Huge tomes can be written on any one of the many topics covered during this week, so I’ll just provide my overall impression of my favorite conferences I attended there. Feel free to research any of the topics covered, and you’ll be sure to find thousands of references on each, but none of them will provide the actual dynamic of live physical presence and group discussions that sprung up during the Congress.

I’ll begin, where else…but at the beginning.

I was sitting in my favorite chair at home, when I received a message from the PR Bar Association Newsletter which read: “VII Annual World Congress of Computer Law”, and immediately I was hooked. It could’ve been held in Sri Lanka, and I would’ve booked a plane ticket right then and there. It then read “San Juan”, and further below “The first 30 who respond will receive a scholarship.” Faster that you can say “Spam”, I replied with my contact info. Less than a minute had gone by since I’d received it. I began my “Please, please, please, let me be chosen.” chant, and lo and behold, I was chosen!!

With my schedule almost cleared from appointments, and as a true Road Warrior that I am, I packed up my stuff and took off.

I arrived to the first conference held by Dr. Pedro Silva Ruiz on Electronic Contracts and Puerto Rico’s Electronic Signature law. This very interesting take on how our Civil Law tradition melds into the new globalized market of instant contracts through the Internet gave us an insight on how our local law is slowly adapting to a new contractual reality. Supported by an extensive list of references, Dr. Silva covered many topics in a very complete and organized manner.

For example, he discussed the lack of wording and formalities that legally binding e-mails may have. Being that such a communication may create a contractual obligation in Puerto Rico, he alerted those of us that commonly contract through e-mail that the completeness and precision of our language may come into play when contracting through the Internet. Our e-mails may one day come to be reviewed in court, so the more precise and carefully chosen our words are will be a key factor when interpreting the contracting parties.

After a short break, the second conference of the day was held by Dr. Claudia Fonseca from Televisa, where she explored the economic impact of Spam on the Private Sector. The figures and statistics that she covered and discussed were staggering. Something as innocuously looking as an unsolicited e-mail can cost enterprises millions of dollars a year, which in turn are passed onto the consumer. The seemingly harmless messages, when multiplied by the trillions of e-mails that are sent back and forth each day add up into a heavily taxed network traffic that requires more maintenance and increased traffic capacity, which in the long run, is paid by the consumer.

Afterwards, the excellenty eloquent Lcdo. Héctor Luis Acevedo, ex-mayor of San Juan and an expert on the Puerto Rico election process, expressed his reserves on an electronic voting system. Given the low margin of error attained with the PR manual process, and the high costs involved with changing the whole system over to an electronic system, Lcdo. Acevedo expressed serious doubts on whether or not to “upgrade” our election system. We were shown an excerpt of the 2006 documentary, Hacking Democracy, which very diligently put to the test the Diebold Election Systems, and showed that these miserably failed a hacking attempt, questioning the very results of all the past elections that have used these e-voting machines. Perhaps the only advantage that e-voting offers is the speed at which the final results are known, but I came to the conclusion that speed need not sacrifice the integrity of the democratic process. Please, don’t think for a second that I’m a techno-paranoid traditionalist, quite the contrary. But, the election process is probably the LAST place where a questionable result from a questionable process is needed. Besides, the only un-hackable computer is one that is not connected to anywhere, and that would defeat the purpose of an e-voting unit.

A quick lunch later, we sat down for a delightful dissertation given by Dr. Hildamar Fernandez from the Fiscalía de Venezuela on Cybercrime. Being a Criminologist myself, I was drawn to this conference even before it started. I’ve been a network security analyst for almost 15 years, and a staunch supporter of tougher cybercrime laws. Only recently has this legislation been approved in Puerto Rico, and its inclusion in our latest review of the PR Penal Code proved that we have legally arrived to the 21st Century. Dr. Fernández explained in great detail the Venezuelan categorization and penalization of Internet crimial activity, and discussed step by step the criminal sentencing process for each offense. One fact that I found rather curious is that the legal age for transgressors to be tried as adults is 14, which given the profile of the cyber-offensor, it might be a little harsh to sentence a minor to such long prison sentences at an early age. Many might detract from this view, and I am not a proponent of weak sentencing, but I must concede that minors are drawn by the allure of cybercrime. I, for one, became a security analyst by learning how to hack, and then applying that knowledge and experience for legal purposes. Had I not been drawn in by the mystique of breaking the law (there were none or few back then), this blog would most likely not be here.

The best part of this conference was the final slideshow of the different gadgets and inventions that facilitate cybercrime, phishing and ID theft. We saw card swipe readers in all colors and sizes, authentic looking fake ATMs, and even undistinguishable fake credit cards. I can safely say that I’ll stop and think long and hard before paying for gas at the station with a credit card the next time.

Afterwards,  @ the Puerto Rico Bar Association

So, the second day started with the introduction of Puerto Rico’s Electronic Attorney Registry, called UniRed, which is a joint venture of the Judicial Branch’s Court Administration Office (OAT in Spanish), and the Office for Notary Inspection (ODIN in Spanish).

During this conference, given by two representatives of each government dependency, including ODIN’s new Director Lcda. Lourdes I. Quintana Lloréns, the whole preparation process, development and implementation for such a large scale virtualization of attorney profile creation and court document and docket management was explained in full detail. There are three main goals of this program, the first is to enable attorneys to file documents electronically, the second is to handle court docket scheduling and manage documents, and the third is to automate and streamline official notifications.

From my point of view, and being a technological darwinist, this program will unchain me from the physical constraints of physical document filing, and may well reduce will enable me to practice law from wherever I am in the world. There is a great concern that many lawyers who still do not have the necessary computer skill to manage e-filing or electronic docket management. A few year ago, the PR Federal Circuit Court simply decided to start e-filing. You either learned, or practiced something else. The court set a deadline, and offered courses to teach those who didn’t know how to file electronically. I strongly believe that this is the way to go. You either learn, or practice something else. “I’ve been doing this the same way as far as I can remember.” is not an option in our practice.

The UNIRED conference later addressed the future plans of e-notification of notary documents and filing for certifications online through the new government web portal. The Office for Notary Inspection is diligently streamlining the necessary reciprocal communication between its offices and the community of Public Notaries in Puerto Rico. Notaries must file monthly reports and are subject to periodic inspections. An electronic system of document filing and notification will definitely speed these bidirectional communications, and keep a closer tab on such a delicate and important practice.

While in Law School, I was a strong proponent of e-filing and e-document management. Most of my colleagues said that this would never happen in my lifetime. It’s nice to know that it happened early enough in my law practice to see it materialize, and be able to benefit from it. So…here’s a great big “I TOLD YOU SO.” to all of them.

The next conference discussed the theory and practicality of running an e-government. An expert in Oracle Systems spoke of his experiences with multi-level e-government services deployment, and its negative impact over bureaucracy. Along with very organized and detailed slides, he covered all the intricacies associated with digitalizing public services, and as he pointed out, the most important of these tasks: making internal government processes and inter-departamental communication faster and more efficiently, while at the same time reducing the costs associated with document multiplicity and reprocessing. This, just this, was a wake up call to digitize most government agencies. Another very interesting topic he covered dealt with the suspicion by government employees that digitalization and automatization brought with them layoffs by simplifying the bureaucratic process. Quickly and very proficiently, he pointed out that instead of employing personnel to speed up multiple processes, these same government employees can be better dedicated to serving the public, while fewer people are needed to process the intake of processes. Fascinating…less people working, and more people serving the public might one day eliminate lines at government offices. One can only dream that this day will come.

After a lunch break, the Congress resumed with a lecture on Patents and Trademarks. This conference was like “Patents and Trademarks for Dummies”, and the speaker explained everything in simple, common language. It’s great that he did so, because most of the audience, although enthusiastic over new technologies, and speaking for myself, do not handle these matters commonly. As a solo practitioner, I seldom see Intellectual Property matters, or handle submissions to the US Patent Office, as do larger law firms who specialize in these practices.

On a side note, on this day I met Dr. Erick Iriarte Ahon, from Lima, Peru. As a representative from Alfa-Redi Foundation, he organized and moderated most of the conferences. A big “Thank you” to him for providing me with a wealth on information, and sharing his ample knowledge of domains and virtual identity on the web. You can visit his law firm’s webpage at http://www.iriartelaw.com.