Rafael  Pagan-Colon

Rafael Pagan-Colon

Attorney, notary, business consultant, IT professional & public speaker
  • Probate, Business Law, Collections ...
  • Puerto Rico
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Biography

Attorney-at-Law, notary, business consultant, information technology professional, executive, and manager with over 15 years’ experience in regulatory contract negotiations, compliance, business administration, business reengineering, project management, managerial consulting, and information technology management. I've issued recommendations that have provided significant benefits to different organizations, both for-profits & non-profits. As an experienced public speaker, I've offered seminars and workshops on such topics as powers of attorney, wills, pre-nuptial agreements, project management, risk management, & system development methodologies, among others, throughout Puerto Rico, Dominican Republic, Mexico, and Venezuela, where I've also managed information technology & management consulting projects

Practice Areas
    Probate
    Probate Litigation, Will Contests
    Business Law
    Business Contracts, Business Dissolution, Business Formation, Business Litigation
    Collections
    Consumer Law
    Lemon Law
    Divorce
    Contested Divorce, Property Division, Spousal Support & Alimony, Uncontested Divorce
    Family Law
    Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Prenups & Marital Agreements, Restraining Orders
    Foreclosure Defense
    Personal Injury
    Animal & Dog Bites, Construction Accidents, Premises Liability, Wrongful Death
    Social Security Disability
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Homeowners Association, Mortgages, Neighbor Disputes, Residential Real Estate
Jurisdictions Admitted to Practice
Puerto Rico
Colegio De Abogados y Abogadas De Puerto Rico
ID Number: 19512
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Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Associations
La Rama Judicial de Puerto Rico  # 18691
Member
Current
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Pro Bono, Inc.  # 19512
Lawyer
- Current
Activities: Provide free legal services to low income individuals, through the Puerto Rico Bar College's affiliation with Pro Bono, Inc.
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Puerto Rico Notary College  # 4551
Notary
- Current
Activities: Through the College's "Notaries for Puerto Rico" program, provide free notary services to low income persons.
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Puerto Rico Bar College (Colegio de Abogados y Abogadas de Puerto Rico)  # 19512
Member
- Current
Activities: Member of the College's Veteran's Affairs Commission since 2013. The Commission provides counseling to veterans of the United States Armed Forces and has worked towards refining and/or proposing legislation that improves quality of life for veterans living on the island.
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Legal Answers
15 Questions Answered
Q. How do you assign a P.O.A. for a real estate closing sale in Puerto Rico from the mainland U.S.?
A: The power of attorney to grant someone in Puerto Rico the authority to make a real estate sale must include the detailed description of the real estate property to be sold, as filed with the Puerto Rico Public Registry (Registro de la Propiedad Inmobiliara). It should also include the property identification number (PIN) for the property, as filed with the Center for Municipal Income Collections (CRIM). The power of attorney must then be signed before a notary public in Florida; then, the State Department in Tallahassee must issue and attach an "apostille" to the notarized power of attorney, certifying that the notary's commission is active. This original, notarized, and legalized power of attorney must be mailed to an attorney-notary in Puerto Rico, to be protocolized in a poll deed and filed with the Registry of Powers of Attorneys of the Office of Notary Inspections, pursuant to the Puerto Rico Notary Law, 4 L.P.R.A. §§ 2001-2141.
Q. Digital POA for the sale of one piece of property/Real Estate.
A: A power of attorney granted by a Florida resident to be used by a Puerto Rico resident in Puerto Rico cannot be electronically signed at this time. The power of attorney must be signed before a notary public in Florida; then, the State Department in Tallahassee must issue and attach an "apostille" to the notarized power of attorney, certifying that the notary's commission is active. This original, notarized, and legalized power of attorney must be mailed to an attorney-notary in Puerto Rico, to be protocolized in a poll deed and filed with the Registry of Powers of Attorneys of the Office of Notary Inspections, pursuant to the Puerto Rico Notary Law, 4 L.P.R.A. §§ 2001-2141.
Q. How can I close my dad’s bank account and used money to pay off his funeral expenses?
A: First off, you would need your dad's death certificate. If he granted his last will & testament, a certified copy of the will must also be provided. In the absence of a will, a petition should be filed with the Puerto Rico courts (depending on the city where the house is located) to establish a declaration of heirs locally, since your father left assets with the Commonwealth of Puerto Rico. For this petition each and every heir's birth certificates should be provided to the court. If any heirs are deceased, their corresponding death certificates must also be provided. Once the courts issue the declaration of heirs, letter will need to be sent to the banks in Puerto Rico, to obtain certification of account balances to include in the estate tax filing which must be submitted to the Puerto Rico Treasury Department. The estate tax filing to be presented to the Puerto Rico Treasury Department should include the value of all of your late dad's assets: real estate properties, bank accounts, as well as certifications of any outstanding tax debts which either he or his real estate properties may owe. Perceiving that your dad was a resident of Tennessee, the PR Treasury will probably determine taxes owed base upon the value of the estate and bank accounts. After all taxes owed are paid, and once the Puerto Rico Treasury Department issues its lien waiver for the estate, THEN and only then, can you go to the Puerto Rico banks with a copy of the waiver and a copy of the court's resolution to request funds from the banks. All heirs - either personally or through powers-of-attorney - will need to appear at the banks simultaneously, to pick up their allotted participations of the available balances. At the moment of determining how much for each heir, you can bring to bear your receipts of the expenses paid in favor of your late father's estate, to be reimbursed for the proportionate amounts that correspond to the other heirs, before doling out the rest of their participations. It'll be easier to address these matters through an attorney; who can procure the power-of-attorney from your willing siblings; and maybe try to establish communication with your other 4 half-siblings, either directly or through their respective attorneys. Do any of these 4 half-siblings reside in Puerto Rico? Have they retained their own attorneys? How do they propose to attend the legal proceedings in Puerto Rico?
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Contact & Map
Mendoza Montes & Assoc.
P. O. Box 367869
San Juan, PR 00936
Telephone: (787) 344-1139
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