Lcdo. IVAN M ALERS

Iván M. Alers is an Attorney and Notary at Law with a civil litigation practice admitted to practice before the Commonwealth's courts and federal court in Puerto Rico.

• Personal Injury
• Insurance Claims
• Divorce
• Family Law
• Medical Malpractice

• General Civil
• Notary Public

• Contingent Fees
  Contact us for details 787-448-2408.

Puerto Rico

US District Court for the District of Puerto Rico

Interamerican University of Puerto Rico School of Law

J.D. / Law (2003)

1999 - 2003

Honors: Cum Laude

Colegio de Abogados de Puerto Rico

Member

Current

American Bar Association

Member

Current

Notario

Tribunal Supremo de Puerto Rico

Attorney – Counselor at Law

US Ditrict Court for the District of Puerto Rico

Q. If I was under duress and I signed a separation AGR. paying for alimony for life will a judge awad it to her at trial

28 April 2016

A: If the agreement was signed under duress, It could be set aside by a court for lack of consent. In P.R., support for an ex spouse is base on necessity. Your ex will have to prove the need for the support.

Q. My kids father lives in New York, I live in Puerto Rico w his two kids, where would I proceed w child support.

1 October 2014

A: Go to ASUME in PR.

Q. My Mother passed and her husband has kids from previous marriage, by remarrying , how does it change our inheritance?

1 October 2014

A: In general you inherit just from your parents. In Puerto Rico the law provide for forced heirs. These are, in general, your children and the grandchildren, etc. The children from other relations of your spouse are not your forced heirs. You should make a will (testament) to include those children in your heritage. Therefore, when your step dad pass away, his children will inherit from him, not the children of his future spouse, nor you. Of course, if no will is made.

Q. Is "execuatur" needed if I got sole custody & physical placement of my kids through the RI family court stipulation; PR?

1 October 2014

A: If the document is not a private document, but a court order, it is necessary the execuator procedure to validate that court order in PR. That process is in the Civil Procedure Rules. In most, if not in all jurisdictions, is such a procedure for the validation of court rulings, orders, etc., from other jurisdictions. It is not a "strange" procedure.

Q. MY MOM PASSED AWAY AND LEFT THE DEED OF THE HOUSE TO 3 CHILDREN BUT SHE HAS 5 KIDS.ARE THE OTHER 2 ENTITLED WHEN SOLD

1 October 2014

A: If what you said is that the deed of the house reads that the owners are the 3 children, then it is probably that the house is not part of the heritage. However, in general, if there is no will, all her children are her forced heirs. As forced heirs all 5 have the right to receive an equal proportion of all property and values left. Therefore, you need to determine if the house is part of the heritage. Please contact a Probate Attorney to assist you in these legal issues.

Q. My wife and I are not legally divorced she left PR to love in fl with her mom and took my 2 yr. She lied and left to see

1 October 2014

A: You should file a provisional custody case in court ASAP. Contact a family lawyer or any Legal Services organization. Do it before she makes any allegations and complaints against you before the any law and order authority or in court. In addition, address the legal issue of your separation.

Q. My mother died suddenly during a routine operation and left no will. How do I proceed?

1 October 2014

A: In P.R., you must file in the court a petition for a Declaration of Heirs. If you don't have good communication with your brother, it is strongly suggested that you seek a probate attorney ASAP in the area where the house is located.

Q. We got divorced in PR with 2 kids she remarried and so I did and i have a baby with my new wife. Can I reducemychildsupp

1 October 2014

A: There are few questions here. The only way to determine if you can reduce your payment for child support is thru a new child support calculation process, counting in the new facts: new marriages and new son. If the new spouse can be responsible for paying child support for you, it could be possible. Depends of the law in your state and if there are prenuptial agreements. Remember, in child support cases, child's best interest is always the North. In general, if there are a substantial change in the circusntances of the parents or the child, a child support determination can be modified, always by the court or by the child support agency with jurisdiction, wich usually is where the child lives.

Q. I had a workers comp case denied 3 times in 2009 due to stress from work i fainted and yet i have been approved for ss

1 October 2014

A: It all depends, there is the need of more details and facts to determine if your case can be reopened. I strongly suggest that you gather all the information and documentation of your case and your current health condition and contact ASAP an attorney with SS practice close to your home. It is likely that the attorney offers free consultation.