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
13 Questions Answered
Q. My niece & nephew are now entitle to their mom share of house in PR bc she passed
A: Having been born in NY myself, I can state that, the only ways to procure an original birth certificates for someone born there are (a) through the person him/herself, (b) through a parent, or (c) through a third party authorized by the person. I would advise that you contact an attorney who practices law in New York to assist in procuring your nephews’ birth certificates. Once the certificates are in hand, you can go to PR court to (a) file a Petition for Declaration of Heirs; (b) file your collective hereditary rights in the Puerto Rico Public Registry; and (c) return to court for an Inheritance Petition & Partition lawsuit.
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?
Q. If childfren of deceased sibling refuse to sign house in PR to sibling willing to buy can somehing be done?
A: To whom did the house in Puerto Rico belong? If the house is part of your parents' estate, the answer to both questions is the same. Under the Puerto Rico Civil Code, no co-owner of an estate community can be forced to remain in said community. If a unanimous consent of heirs cannot be reached outside the courts, a lawsuit can be filed to request the Puerto Rico courts to partition, adjudicate, and liquidate the deceased's estate among the heirs, after the estate's debts have been paid. The 10 heirs in agreement can come together as plaintiffs in said lawsuit. The three opposing heirs can be brought as defendants. If the opposing heirs were born in Puerto Rico, their birth certificates can be procured directly from the Puerto Rico Demographics Registry by your attorney. However, if the house in Puerto Rico belonged exclusively to your deceased sibling, then, the only ones with standing to procure division of the estate are your nieces and nephews from the deceased sibling.
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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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