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Ramon Olivencia, Esq.
Lawyer for Inheritance, Probate & Real Estate IssuesBadges
Claimed Lawyer ProfileQ&A
Summary
Fully bilingual attorney, specializing in inheritance law, probate and real estate. Dedicated to working hard on my cases so that I can finish them promptly. Experience in dealing with clients living outside of Puerto Rico. Previous employers include the PR State Court of Appeals and the PR Department of Justice. Admitted to practice in PR and NY. ALL INQUIRIES ARE ANSWERED WITHIN 1-2 BUSINESS DAYS.
Practice Areas
- Probate
- Estate Planning
- Real Estate Law
Additional Practice Area
- Notary Public
Fees
- Free Consultation
Free phone consultation by appointment only. - Credit Cards Accepted
- Rates, Retainers and Additional Information
PayPal, Venmo, Western Union, ATH Movil, direct deposit, wire transfer, etc.
Jurisdictions Admitted to Practice
- New York
- Puerto Rico
- U.S. Supreme Court
- US Court of Appeals for the First Circuit
- US District Court for the District of PR
Languages
- English: Spoken, Written
- Spanish: Spoken, Written
Professional Experience
- Attorney-at-Law (Notary Public)
- Private Practice
- - Current
- Attorney – Office of Legal Counsel
- Puerto Rico Department of Justice
- -
- Drafted legal opinions for the Attorney General in response to requests from the various agencies within the Executive Branch.
- Attorney – Office of Civil Litigation
- Puerto Rico Department of Justice
- -
- Represented the public sector on multiple judicial and administrative civil cases at both the state and federal court levels.
- Law Clerk
- State Court of Appeals
- -
Education
- University of Massachusetts - Boston
- M.S. | Public Administration
- University of Massachusetts - Amherst
- B.A. | Political Science
- University of Puerto Rico - Río Piedras
- General studies.
- Interamerican University of Puerto Rico School of Law
- J.D. (2001) | Law
Professional Associations
- Puerto Rico Bar Association # 15234
- - Current
- Puerto Rico Judicial Branch # 14068
- Certified Attorney
- - Current
Publications
Articles & Publications
- Latino Politics in Massachusetts
- Routledge Press
Websites & Blogs
- Website
- Abogado Notario Online
Legal Answers
15 Questions Answered
- Q. Are all living children responsible for inherited property taxes even if some have given up their claim?
- A: If they haven´t actually received the inheritance yet, they should resign it by subscribing a deed through an attorney.
- Q. How can I put a house for sale in P.R. after getting heir of declaration certified through court?
- A: No. You need to now obtain a waiver or clearance from the PR Treasury Department by filing an Inheritance Form, also called an Estate Tax Form. Then, there needs to be the transfer of the property rights to the heirs via the Property Registry of PR.
- Q. Can my brother change the deed of my mom to his name and not notify us of his doing? Do we loose everything?
- A: No, he can’t.
- Q. For a will, Must the parent include all the children in the will
- A: In PR, children are considered to be "forced heirs". That is, for them to be "disinherited" in a will, there must be a specific valid reason under one of the causes provided by law. Make sure that this is done via a local attorney.
- Q. Do all parties have to be present at a house closing in PR? Can someone stateside have documents mailed?
- A: You could always have a Power of Attorney be prepared by a local attorney in PR, who will know what to include in such document. However, the POA will have to name a local representative to be present at the sale.
- Q. Mom and dad are on the deed of a house my dad passed away and my mom wants to sell, what portion of the sale is hers?
- A: If they were married without a pre-nuptial agreement, then her stake would normally be 50% plus what is called in Puerto Rico the "cuota viudal usufructuaria" ("surviving spouse's usufructuary portion"), which is a percentage calculated by a special formula according to several factors, including her age, life expectancy and number of children.
- Q. if my dad creates a will in Puerto Rico and leaves his house to me is that the final say even though I have 2 other
- A: If that is the only property he has, it cannot be done unless he specifically disinherits your 2 sisters, making sure that it is due to the reasons stated by law. In Puerto Rico, the children are what is called "forced heirs", so their inheritance could only be voided as specified by law.
- Q. Need a legal aid dept. that can assist w/Declaratorio de Herederos in for senior collecting social security in PR
- A: Your sister would need to write a will so that she can designate her beneficiaries according to her wishes while making sure to follow the local laws of PR. An inheritance or probate attorney can help her with that.
- Q. How can my bother in PR obtain "legal ownership" of the property portion he rents out (it was my deceased parents' home?
- A: If the property was located it PR, a Declaration of Heirs has to be filed at the court system so that the "forced heirs" (i.e., the children of the deceased) can be officially declared as the heirs. Also, an Estate Tax Form ("Planilla de Caudal Relicto") has to be filed at the PR Treasury Dept to make sure that there were no taxes owed by the deceased. Finally, a property transfer has to be performed at the Property Registry. Due to the complexities of all these processes, it is highly recommended that an attorney is hired to take care of all of this.
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