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Rhode Island Questions & Answers
1 Answer | Asked in Banking, Civil Rights, Elder Law and Identity Theft for Rhode Island on
Q: Foreclosure,check fraud,SNAP fraud,credit cards open.Family member took advantage of grandmother. She's out 25,000+HELP

Family member was caregiver for grandmother was supposed to pay mortgage,bills.. Never paid mortgage. grandmother will lose house foreclosure, she's out $20,000. Family member left grandmother bank account $0. Grandmother's social security check went into bank account&stimulus checks... Read more »

Neville Bedford
Neville Bedford answered on Jan 20, 2022

https://riag.ri.gov/elder-abuse is a good place for you to start to seek help for your elderly relative. Good luck to both of you.

1 Answer | Asked in Traffic Tickets for Rhode Island on
Q: In RI I have 2 speeding tickets pending. I have an attny. Court tmrw for 2nd one. Last night I got a 3rd. Tell my attny?

Do I tell my attorney about the third one? The trooper straight lied said I was doing 90. I was only doing 80 I know it’s faster than the speed limit but it sure the heck wasn’t 90! I already have my attny fighting the first 2 and they also said 90 mph. Allegedly. But reduced to a speed much... Read more »

Neville Bedford
Neville Bedford answered on Jan 20, 2022

Yes, it is imperative that you are forthcoming with your attorney. Failure to be honest with your attorney shall not benefit you, nor your case defense strategy.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I was arrested in Rhode Island with a tiny small amount of cocaine(0.1 gram) but charged with 10g or less. What to do?

I was not qualify for public defender. What should I do?? Can I represent myself ?? Should I plead guilty or not ? If so, what am I looking at ? My first offense.

Neville Bedford
Neville Bedford answered on Jan 20, 2022

Invest in your freedom, liberty, and record by retaining a capable criminal defense attorney to help you evaluate your options, and formulate your best defense, in confidence. they will also help to discern if you qualify to participate in the diversion program.

1 Answer | Asked in Land Use & Zoning for Rhode Island on
Q: My house has a home behind me. There is 2 ways of getting to the house. My driveway and another down the road. Why?

Why is my driveway the easement?

Albin Moser
Albin Moser answered on Jan 16, 2022

Your driveway may be the easement by past agreement. If there is a recorded document that gave the back property an easement across your driveway then that would explain it. The easement passes from owner to owner, and whoever owns the back property holds the easement, has the right. It "runs... Read more »

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: I am in RI. My siblings and I inherited a house from my brother when he died. There is a mortgage on the house.

One of my brothers is considering buying the house. We will naturally charge him a lot less than the appraised price. Does the mortgage go with the house or are we responsible for paying it off before we sell it to him?

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2022

First a determination of who are the titled owners should be made. If the Mortgage is not satisfied and released, the brother takes the improved real property subject to the Mortgage. Apparently none of you all are personally liable on the Note, but if not paid, Foreclosure occurs. Remember... Read more »

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1 Answer | Asked in Uncategorized for Rhode Island on
Q: Has there ever been a rear-end collision in RI where the front driver was found at fault?

The lane was right turn only, with no traffic coming from traffic on the opposite side. The lane was marked at least 100 feet before turn. Front driver stops short. Meant to go straight, but there was no way to go straight in the lane they were in. No turn signals.

Albin Moser
Albin Moser answered on Dec 31, 2021

If in a rear end collision the front driver was going in reverse then the front driver might be liable.

1 Answer | Asked in Employment Law for Rhode Island on
Q: A major company isn’t giving their match retirement funds to retired employees. Is this legal?

Lifespan. You can’t even see your match money in your statements they hide it.

Albin Moser
Albin Moser answered on Dec 29, 2021

Every retirement plan is governed by plan documents. Those documents are summarized by a Summary Plan Description. HR can give you the summary plan description. Also, every retirement plan has a Plan Administrator. Make a request to the Plan Administrator identified in the Summary Plan Description... Read more »

1 Answer | Asked in Child Support for Rhode Island on
Q: I'm owed back childsupport from 6 years ago and they r saying they can't find my money or my old case

From when my son was a minor

Albin Moser
Albin Moser answered on Dec 29, 2021

There is a website called the Rhode Island Public Portal that you can use to confirm what they are saying. Maybe when you search you will find the case. Also, if you have any paperwork that has the case number, that would help to identify the case.

1 Answer | Asked in Family Law for Rhode Island on
Q: Right of possession after spouses death?

My 90 year old dad recently lost his wife of 30 years. When he married her, he moved into her house which was in her name. He has contributed to this house for the 30 years he has lived in it. Deceased wifes children have told him that nothing in the house belongs to him and he is entitled to... Read more »

Albin Moser
Albin Moser answered on Dec 29, 2021

No, they are wrong. He has certain rights to the house and its contents. He also has the right to claim a share of anything else, including a share of any money.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Rhode Island on
Q: I rescued 6 wk old blind bulldog. I pay all the vet bills,heartwarm grooming ect. Reg to me. How do I get her back
Neville Bedford
Neville Bedford answered on Dec 6, 2021

It is unclear from whom or what you wish to get your rescue pet back from. If the pet was stolen from you, you may try contacting the police. If an owner with superior title has taken the pet, you may have to file a civil case. Make arrangements to meet with your local attorney to discuss all of... Read more »

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: My friend has been detained under 3 domestic violence charges.

The court date is in 5 months and it seems the neighbor has pointed their cameras at his front driveway to enforce no contact. After research we found this is legal as the area is deemed public with no expectation of privacy. However the partners statement was made immediately while under distress... Read more »

Neville Bedford
Neville Bedford answered on Dec 6, 2021

This public forum is not the place to discuss the details. As much as you want to help, remaining silent is your friend's right. Your friend will be best served by the confidential advice of a licensed attorney.

1 Answer | Asked in Civil Litigation for Rhode Island on
Q: What is the time limit for unclaimed fur storage and cleaning By ri law
Neville Bedford
Neville Bedford answered on Dec 6, 2021

This will most likely be governed by the agreement that was made by the storage company. It may have been posted or written in a contract you signed when you delivered the goods for storage.

1 Answer | Asked in Employment Law and Employment Discrimination for Rhode Island on
Q: Someone filed a false complaint against me at work, an investigation was started 15 weeks ago, I'm still employed.

Wanted to know if I can file a sexual harassment complaint against her without any repercussions from work or being arrested. This would be a true complaint. I work for federal government

Neville Bedford
Neville Bedford answered on Dec 6, 2021

Meet with an attorney who specializes in this area to evaluate all of the detail in private. If you are a member of a collective bargaining unit, there may be other avenues to explore for resolution as well.

1 Answer | Asked in Child Custody and Child Support for Rhode Island on
Q: Zoom child custody case. The other party did not submit for entry. Well the judge still hear the case?

Wondering if I should advise the party to submit or leave it be as it’s their responsibility.

Neville Bedford
Neville Bedford answered on Dec 6, 2021

Likely yes, especially if they appear, assuming service was proper.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Can a landlord keep your security deposit and not let you move in
Albin Moser
Albin Moser answered on Dec 3, 2021

No.

1 Answer | Asked in Contracts for Rhode Island on
Q: Is there a specified number of days from issuing an invoice before you sue?
Albin Moser
Albin Moser answered on Dec 3, 2021

If the contract states a time of payment, then you can sue at any time after the due date. If there is no due date, then you can sue after a reasonable amount of time has passed. After a reasonable amount of time has passed and no payment, a common practice is to send a second notice. Usually you... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Rhode Island on
Q: Is there a way of signing over our home to my son, maintain life tenancy, and exclude his current wife?

The home has been in the family for multiple generations and we are not certain his current wife is in this long term and want to be certain if we sign it over she can't get it if they divorce.

Albin Moser
Albin Moser answered on Dec 3, 2021

The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her... Read more »

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1 Answer | Asked in Personal Injury and Traffic Tickets for Rhode Island on
Q: Son was in an accident with another party who was using a personal vehicle as a business vehicle

My son was in a car accident with another party. Small accident where he rear ended the person in front of them. No one was hurt but his air bad went off. Small dent to the persons mini van. The women stated to me at the scene she was in route to a catering activity (and this wasn’t her vehicle)... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 16, 2021

A Rhode Island attorney could advise best, but your question remains open for two weeks. As a GENERAL principle nationwide, one could sue for damages they sustained by another vehicle - that seems to be the central crux of your concerns when you ask whether her claim means anything.

But...
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2 Answers | Asked in Child Custody and Family Law for Rhode Island on
Q: Does the noncustodial parent have to meet the person the other parent is dating before the child can be around them?
John LaRochelle
John LaRochelle answered on Nov 7, 2021

The is no law or automatic mandate that requires the noncustodial parent to meet the custodial parent’s romantic interest before the child is permitted to be in the presence of the romantic interest. Sometimes, the details regarding when children will meet a romantic interest of a parent are... Read more »

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1 Answer | Asked in Business Formation and Business Law for Rhode Island on
Q: Ri based condo association attorney recommending the following by-law changes with respect to quorum.

In anticipation of this year's annual meeting the executive board and

management are recommending the attached amendment to the

associations by-laws.

Our current quorum requires call for a minimum of 60% of the

community to participate in order for any business... Read more »

Neville Bedford
Neville Bedford answered on Nov 5, 2021

This is not the place to conduct condo association business. Meet with your attorney in private to discuss the impact of this proposed revision. §34-36.1 will likely come up during your consultation http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-36.1/INDEX.HTM

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