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Antonio C Martinez II Esq.
Antonio C Martinez II Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 192
Experiencia:  Miembro de Colegio de Abogados, Nueva York, Nueva Jersey, y Washington DC
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Are the Pension laws in the U.S and PR the same Do you have

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Are the Pension laws in the U.S and PR the same? Do you have to work 5 years for Education in Puerto Rico to be vested. My father left a will in Florida stating it was his Last Will and Testament and that it should supercede any other wills. He stated we, his daughters should be his beneficiaries. Would this last will supercede anything he may have signed sixteen years ago? We also have the declaracion he Heredos.
Gracias XXXXX XXXXX la oportunidad. Mi respuesta tiene un caracter informativo para aclarar dudas e inquietudes, no remplaza la consulta en persona.

Hi, the general answer to your question is yes, the pensions laws (ERISA) of the U.S. apply to Puerto Rico.

As for vesting, you should contact the Pension plan directly.

As for the will, if his last will and testament was recently executed and meets all the requirements under Florida law to be a valid will, it will supersede all previously written wills.

Please let me know what other questions you may have. I only am compensated when you accept my answer. You will not be charged for additional questions regarding this particular matter. Thanks
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Thank you very much for your response.

I will need 1) How can we certify that my fathers last will is acceptable in Florida? We have it signed and notarized and it does state it shall supercede any other wills. We have been informed by “Retiro” that the Florida Will is not acceptable in Puerto Rico.

You need to find out why Puerto Rico is not recognizing the Florida will. What have you been told is the reason?

2) We have my fathers Last will and Testament as well as “Declaration de herredos”. How can we find out who my father listed as beneficiary when he first was employed with Depto. De Education 16 years ago?

Whoever is the executor or administrator of your late father's estate can get that information.

They will not release any information to us over the phone. Regrettably, we provided our cousin our Power of Attorney to handle our matters related to my father in Puerto Rico as me and my sisters live in the States and we just found out that my cousins mother (my fathers sister – now 83 years old) and my fathers Step-mother now 96 years old, have signed some papers so they can receive funds related to my fathers pension. Our cousin will not provide us any information on this. We suspect foul play.

You must go to PR and investigate what happened, and retain the services of legal counsel there in person. You cannot resolve this via Just Answer, given what sounds to be a complicated situation.

3) Is there a form we can send to the Court in Puerto Rico requesting that the Power of Attorney we provided to my cousin be “Revoked”.

You can always revoke a power of attorney by providing notice to that person and also sending a copy of that revocation to the court.

4) We need to contact “Retiro” and ask them to hold payment, until this matter is reviewed. How should we approach this?

You need to inform them of the revocation and get legal counsel in PR ASAP.

5) Do you practice law in Puerto Rico? No. What you need is a local PR attorney who can resolve the pension issue and also resolve the estate questions. I think you should research several estate lawyers to consider, go down there and interview 2-3 and hire the one who you feel has a handle on the specifics of your situation and also who you feel most comfortable working with.

Would we be able to retain your services? Unfortunately, we cannot work directly with clients connected via Just Answer.

I am still pleased to answer your questions as best as possible and wish you success. You can check back with me and let me know how things are going. Kind regards.
Cliente: escribió hace 6 años.
Hola Mr. Martinez, Thank you very much for your responses. In answer to your question, no, no one has told us why my fathers Last Will and testament is not accepted in PR. Do you think an Apostille is required? I hired an investigator who picked up the Power of Attorney and Declaration de Herredos last night. My cousin gave him the whole file. She states that the clerk in "Retiro" pulled documents from the vault and had her mothers name on it. She filled out a "Solicitud de beneficios de Muerte" and put her mothers name and step mother's name on it. According to the investigator that was not a document my father left and she admitted to him she filled it out. Giving her the benefit of the doubt, could the lady in Retiro pulled some sort of document that had her mothers name on it and asked her to fill out the Solicitud de beneficios listing her mother as beneificary???
My father worked for the Dept. of Educacion for 16 years and went thru the hard gestures of filling out all the paperwork required to retire at 77years old. After my father passed, we went to the Retirement office and they said all they needed was my fathers death certificate and they would send us check. They asked us for our addresses, etc.
They informed us that my father was set to start receiving his pension in November. He passed away a month before. Now they are saying that they would not pay the full pension amount because he passed away before he was pensioned. All the beneficiary's would get would be the deductions that were made to his pay and they can decide how much to pay out. I have never heard of such a thing. I work here in Georgia and whatever is in my Pension plan that the company matched in prior years my beneficiary will get. Have you ever heard of such a thing? Sorry for all the questions, I do have an attorney in Puerto Rico but it is very difficult to get any information from him because he is always in court. We appreciate all your help. Thanks so much!