Hello my name is Santiago Lampón. E-MAIL – SLAMPON@LAMPONLAW.COM
I am a lawyer and notary in Puerto Rico and welcome to Puerto Rico Legal Video Blog.
This is part 2 of a 2 part video regarding the Declaration of Heirs in Puerto Rico.
Part 1 is independent from this one, but I recommend you watch it because if you are looking at this part is because you are a little bit concerned or you just need more information regarding the whole process.
I am only going to discuss the part which is actually crucial or critical once you obtain the Declaration of Heirs which I explain on the other video.
A lot of people have come to me, telling me I got the Declaration of Heirs done when we are going to do a real estate transaction; but, when I look at the Declaration of Heirs it is complete, but they are missing a very important document that it is not issued by the Court of Puerto Rico. This document is issued by the Puerto Rico Treasury Department, in a Spanish “Department de Hacienda.
When someone passes away and the Declaration of Heirs is done, you have the court resolution stating who the heirs are, you have to go to the “Departmento de Hacienda”, the Puerto Rico Treasury Department, and file (I AM GOING TO DO THIS IN SPANISH) “Planilla de Caudal Relicto.”
“Planilla” is a return, like a tax return.
“Caudal” means assets and liabilities, again emphasizing that everything, everything goes; the TV; the video; the debt; the mortgage; the house; the cars.
“Relicto” means that it no longer belongs to someone because that persons passed away.
And look at it clearly, the person is not here, the assets are like who is the owner now, that is what the whole declaration of heir process is for.
Now, this document which I am going to call the “State Tax Return” is going to be file, for-after the Declaration of Heirs, but also when there is a will present; so this applies to both processes.
It is a list of assets; it is a document used by the Puerto Rico Treasury Department to determine if estate taxes are own.
Once the Treasury Department determines that estate taxes are not owed or if they are owed that they are collected, then the Treasury Department issues a tax waiver.
I am going to say “estate tax waiver” or a “estate tax release.”
In Spanish “relevo” (“R-E-L-E-V-O”) is better translated as “release.” OK? Which is “Relevo de Hacienda” … “Puerto Rico Treasury Department Release.”
This document merely communicates to whosoever looks at it, that any at all taxes owed by the person who passed away or because of the estate, have been paid for.
Without this document, you cannot take money out of the bank, you cannot go to the Property Registry to properly register a property. There is nothing you can do with the assets.
So it is very important that for, the declaration of heirs to be complete, you also need the state tax release or state tax waiver.
If you have any question please send me an email or give me a phone call.
E-MAIL – SLAMPON@LAMPONLAW.COM
PHONE NUMBER – (787) 273-6767
You can also post them (ANY COMMENTS) right here on this page.
Again my name is Santiago Lampón. I am a lawyer and notary in Puerto Rico and I hope you have a great day.