Questions Answered by Lcdo. IVAN M ALERS

Q: Proper way to handle coming to USA.

1 Answer | Asked in Immigration Law for Arizona on
Answered on Oct 26, 2016
Lcdo. IVAN M ALERS's answer
There are to many facts and circumstances in your question. However the first step is to determine whether he is inadmissible. As you may understand, each case is unique. Therefore, we strongly suggest that you look for an immigration lawyer for detailed consultation on your case.

Q: I have a green card and just got a DUI. Will I be deported?

1 Answer | Asked in Immigration Law for Tennessee on
Answered on Oct 26, 2016
Lcdo. IVAN M ALERS's answer
A green card can be revoked if the LPR commits certain crimes, in some cases drunk driving convictions. If you received a notice to appear into immigration court for removal proceedings, seek an Immigration Attorney immediately.

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

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Apr 28, 2016
Lcdo. IVAN M ALERS's answer
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 Mother passed and her husband has kids from previous marriage, by remarrying , how does it change our inheritance?

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Oct 1, 2014
Lcdo. IVAN M ALERS's answer
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 Answer | Asked in Family Law for Puerto Rico on
Answered on Oct 1, 2014
Lcdo. IVAN M ALERS's answer
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 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Oct 1, 2014
Lcdo. IVAN M ALERS's answer
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 Answer | Asked in Family Law for Puerto Rico on
Answered on Oct 1, 2014
Lcdo. IVAN M ALERS's answer
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 Answer | Asked in Probate for Puerto Rico on
Answered on Oct 1, 2014
Lcdo. IVAN M ALERS's answer
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 Answer | Asked in Family Law for Puerto Rico on
Answered on Oct 1, 2014
Lcdo. IVAN M ALERS's answer
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...

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 Answer | Asked in Workers' Compensation for Puerto Rico on
Answered on Oct 1, 2014
Lcdo. IVAN M ALERS's answer
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.

Q: Boyfriend / girlfriend buying property

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Mar 20, 2013
Lcdo. IVAN M ALERS's answer
The law in Puerto Rico provides heirs. In this case, the children are heirs and inherit the father's participation in the condo, including debts. However, the parent may grant a will and dispose of his property as he wills, but always observing the provisions on inheritance in Puerto Rico, specifically, to matters related to real estate. Through a will, you have the free disposal of one third of the heritance. In addition, in the will, he can bequeath his participation in the condo through a...

Q: My dad passed away in 2010 in Puerto Rico, my sister was in charge of estate. I was completely left out of will.

1 Answer | Asked in Probate for Puerto Rico on
Answered on Mar 1, 2013
Lcdo. IVAN M ALERS's answer
In Puerto Rico, the law provides forced heirs. In general, the law reserves a minimum of 1/3 of the deceased estate to the forced heirs. A forced heir can be left out of the inheritance by disinheritance through a will and only under the grounds provided by law. If you were excluded of the testament and were not lawfully disinherited, you are entitled to request and / or require participation of inheritance. We suggest you contact an attorney in P.R. because you have to claim your rights in...

Q: I need to get my divorce she live in puerto rico Im living in georgia because my job I cant travel there to file

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Mar 1, 2013
Lcdo. IVAN M ALERS's answer
If you want to file for divorce in P.R., we recommend you hire a lawyer in Puerto Rico. We suggest you contact a lawyer close to where she is living. However, it is probable that you can file for divorce in GA, however, you need to serve her in P.R.

Q: Can and how can I give up my part of the inheritance which I don't want any part of from Florida where I live?

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Jan 17, 2013
Lcdo. IVAN M ALERS's answer
In general, In Puerto Rico, for resign your part of the inheritance it has to be thru a public document before a Notary Public. If you are out of Puerto Rico, you have the option to give a Power of Attorney for sign the public document before the Notary Public.

Q: How can I get a copy of my divorce decree from Puerto Rico

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Dec 17, 2012
Lcdo. IVAN M ALERS's answer
You may request a copy in the CLERK'S OFFICE or inactive cases office of the court where you obtained the divorce decree. Having the case number will be helpfull to the Clerk in finding your file.

If you are out of Puerto Rico, you wll need to authorized someone to request the document at the Clerk' Office. It could be a lawyer.

Q: How can I get a copy of my divorce decree

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Dec 17, 2012
Lcdo. IVAN M ALERS's answer
You may request a copy in the CLERK'S OFFICE or inactive cases office of the court where you obtained the divorce decree. Having the case number will be helpfull to the Clerk in finding your file.

Q: Diferencia entre seguro de vida y herencia?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Dec 17, 2012
Lcdo. IVAN M ALERS's answer
En general, en P.R la herencia comprende todos los bienes, derechos y obligaciones de una persona, que no se extinguan por su muerte. Por su parte, el "seguro de vida" es un contrato y se pagará a aquel designado en el contrato. No es parte de la herencia. Sin embargo, el viudo o la viuda podría tener un crédito por el dinero pagado por primas a la póliza de seguro con dineros de la sociedad legal de gananciales.

Q: What is the law for a 19 yr old who did not have permission to stay in another state?

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Dec 4, 2012
Lcdo. IVAN M ALERS's answer
In general, see Puerto Rico Civil Code, art. 25 (31 L.P.R.A. §82); Art. 247(31 L.P.R.A. §901).

Q: WHAT CAN I DO? NEED MY LIFE BACK

1 Answer | Asked in Medical Malpractice for California on
Answered on Nov 29, 2012
Lcdo. IVAN M ALERS's answer
I would strongly suggest you contact a medical malpractice lawyer in your area to evaluate your case. Please be advised that status of limitation may be running out.

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