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Rhode Island Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: Who do I contact to Investigate police misconduct and forgery?

I am being charged, but was never arrested, Questioned, or read any Maranda rights. And they forged my initials on the only documents I have. This started with myself calling to ask if they can have an officer stop by and do a walk through at my house. due to noises downstairs and my dog growling... View More

James L. Arrasmith
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answered on Nov 24, 2023

If you believe you've experienced police misconduct and forgery, it's important to take specific steps to address the situation. Firstly, you should file a formal complaint with the police department's internal affairs division or the equivalent oversight body in your area. This... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Identity Theft for Rhode Island on
Q: Ex-wife took out a $300,000 life policy in my name, no consent, and made herself the beneficiary. Recourse? I have proof

- I have the fraudulent application filled out in her writing.

-She signed my name on the application.

-She said I was her husband on the application.

-She listed her address on the application for any correspondence.

-She listed her contact information for any... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, there are several legal actions you can consider. Firstly, identity theft and fraud are serious crimes, and you should report this incident to law enforcement. Given your ex-wife's history of impersonating you, a police report can be instrumental in documenting the pattern... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: Denied a gun purchase told because a report filed by police town over that I said I threatened someone no charges filed

Just hear say from this person I do own a gun before this incident no witness's

James L. Arrasmith
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answered on Nov 20, 2023

In your situation, where a gun purchase was denied due to a police report alleging a threat, but no charges were filed, it's important to understand the basis of this denial. Gun purchase denials can be based on various factors, including reports or records that raise concerns about an... View More

1 Answer | Asked in Civil Litigation for Rhode Island on
Q: The person who was paying me restitution died still owing me $3200. What are my rights now?

I have a Judgement of Civil Liability dated May 2023, since she didn't make all her payments in the allotted time, yet I have not been able to find her to enforce it. I have recently learned she passed away. Am I able to put a lien on her estate?

James L. Arrasmith
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answered on Nov 20, 2023

In Rhode Island, if a debtor owing restitution passes away, the debt becomes a claim against their estate. Since you have a Judgement of Civil Liability, you have a legal basis to pursue this claim.

To enforce the judgment, you should file a claim with the executor or administrator of the...
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1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: Can the executor of a family trust take everything of value from the residence not mentioned in the will.

10 beneficiaries, executor included. Automobiles, jewels, cash, antiques, televisions etc .

Albin Moser
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answered on Nov 14, 2023

No, the executor of the probate estate or the trustee of the family trust does not have the right to take everything not mentioned in the will, unless the intention is to hold it for distribution to the rightful heirs of the estate and beneficiaries of the family trust. The executor is the person... View More

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: Married for 32 yrs. Husband moved out 9 years ago. He said he is moving back in. He is emotionally abusive.

Still have a 19 yr old daughter living at home. Can he legally do this? We never filed for a divorce or separation. He has been unfaithful.

Albin Moser
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answered on Nov 14, 2023

Your marriage to him does not give him the right to live with you. If he is an owner of the real estate you live in then he has a right of possession of the real estate but still no right to cohabitate with you personally. If he is not an owner of the real estate then no, he can't just move... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Constitutional Law for Rhode Island on
Q: The HOA has made rule that we are not allowed any type of mass communication. to other owners without their approval

They removed all owner contact information from our website

Is that legal

James L. Arrasmith
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answered on Nov 5, 2023

In addressing the legality of a Homeowners' Association (HOA) rule restricting mass communication among owners, it's necessary to review the governing documents of the association, such as the bylaws and covenants, conditions, and restrictions (CC&Rs), as well as state law. HOAs do... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I was served with eviction notice due to non payment of rent for $1,100. The 1,100 listed on the eviction notice is for

Septembers rent. I was served on 10/13/23 and have court date 10/23/23. I was told if I paid the rent owed it would stop the eviction. As of October I owe additional $1,100 but the eviction notice only has Septembers rent listed and I never received a 5 day demand notice for the month of October.... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Rhode Island, the eviction process for non-payment of rent typically starts with a 5-day demand notice. If the eviction notice you were served only lists the amount due for September, and you were not given a separate 5-day demand notice for October, then technically, the eviction proceeding is... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: If I pay the full amount of rent due prior to the eviction court date, can I still be evicted?

I received a 5 day demand notice but was unable to pay rent in that time frame. I was served with a court date for eviction due to non payment of rent. If rent is paid by the court date can I still be evicted?

T. Augustus Claus
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answered on Oct 13, 2023

In Rhode Island, you cannot be evicted for non-payment of rent if you pay the full amount due before the eviction court date. However, you may still be evicted for other reasons, such as violating the lease agreement. If you are facing eviction, it is important to communicate with your landlord and... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I moved out of an apartment in May, and our former landlord is withholding the difference of our security deposit.

She is accusing us of stealing 4 or 5 in-window A/C units, which she lent to us for the year, but we definitely did not take. We also asked for receipts of alleged damages to the house, which did not add up to us. Security deposit was $2400 when we moved in, she is charging us $2500 for labor/parts... View More

Albin Moser
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answered on Oct 12, 2023

You might have a case against your former landlord. While it is true that landlords can deduct for damage, missing air conditioners are not exactly damage. Also, landlords can deduct for repairs but they have to send you an itemization within twenty (20) days. You said that you didn't get... View More

1 Answer | Asked in Estate Planning for Rhode Island on
Q: hi, i am interested in a revocable trust or irrevocable trust for our home and what does it cost to do.

i want to keep our 13 year old daughter out of probate court incase of our death.. i am 59.5 and wife is 66 years old.. we have not done a will either and not sure what that would cost. or the what the cost of a trust would be..

Albin Moser
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answered on Oct 6, 2023

Lawyers in Rhode Island charge different rates for estate plans. Some would charge $2000, some $4000, and some would charge more such as $10,000. The higher end lawyers are doing tax work that is for wealthy families. For middle class families that have the usual set of assets including a house,... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Rhode Island on
Q: What is the current law in Rhode Island in regards to a life estate pertaining to nieces and nephews?
Albin Moser
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answered on Oct 6, 2023

Anyone can grant a life estate to anyone, regardless of whether or not the grantor and grantee are related. If the deed is valid then the life estate is valid. If someone were to try to challenge the deed on the argument that they are a closer relation, their closer relation is not enough in itself... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Rhode Island on
Q: my childs mother disclosed to me her lawyer was trying to pursue a relationship with her. she then said he fired herbut

now a week later she says he said he cant fire her and will be representing her this week when i have to appear for family court seems wrong what can i do i don't have a lawyer either?

Albin Moser
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answered on Sep 20, 2023

It is unethical for a lawyer to try to start a relationship with a client during a child custody case or child support case. You can file a written complaint about this with the disciplinary board. Here is some information about that:... View More

1 Answer | Asked in Tax Law for Rhode Island on
Q: 2008 income taxes

I live in GA now, I just had a wage garnishment come up on my paystub & when inquired about this was told it was from RI. Called them & it’s from 2008 when I was married and husband at time filed our taxes jointly. I made less then 10k that year & he owed. So It’s his debt but... View More

James L. Arrasmith
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answered on Sep 14, 2023

You may have options to address this situation:

1. Innocent Spouse Relief: If you believe you are not responsible for your ex-spouse's tax debt, you can explore the possibility of innocent spouse relief with the IRS. This relief may relieve you of liability for your ex-spouse's...
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2 Answers | Asked in Real Estate Law and Elder Law for Rhode Island on
Q: Some years ago, my aunt put her house in my father's name. She recently died and my father now owns the house.

He wants to sell the house to my son (his grandson). We are being told that the house must be sold at "fair market value". Can he not sell the house at whatever price he chooses?

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

While I think Mr. Gallo's answer is correct based on the question as phrased, I sense a Medicaid look-back issue. Whether such an issue exists depends on whether your aunt received long-term care benefits through Medicaid, which is not mentioned in your question. When a Medicaid recipient... View More

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3 Answers | Asked in Probate for Rhode Island on
Q: How can find out if I'm mentioned in a will without the executor or anyone else finding out?

I've always wondered if my Grandparents "disinherited me" (long story!). It's more of a personal concern than financial. I'm financially independent and don't need or expect anything, but the situation is strange enough that I'd like to "sneak behind the... View More

Albin Moser
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answered on Sep 14, 2023

If your grandparents are still living then no. If the maker of the will is still living then no one can read the will without the maker's permission. If your grandparents are deceased then maybe: Upon the maker's death the will would be probated, if there is any probate estate. Those... View More

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1 Answer | Asked in Family Law and Child Support for Rhode Island on
Q: My son is in Rhode Island, he graduated high school and is over 18. Can I stop paying child support?
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answered on Aug 27, 2023

If your child support judgment is a Rhode Island Family Court judgment then yes. If your child support judgment is not a Rhode Island Family Court judgment then no. Your son's presence in Rhode Island does not change your child support obligation. Some states such as Massachusetts can order... View More

1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Legally do i have to tell my ex wife the name of my girlfriend, if I want to bring my our child there for a sleepover?
Albin Moser
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answered on Aug 26, 2023

It is not legally required, no, unless you agreed in your divorce that you would. Often in marital settlement agreements the parties will promise to keep each other informed about where the child is staying and with whom. Even without an agreement it is customary that parents will give each other... View More

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: Is a General Release form that's signed by me (and witness) a binding document?

I'm an estate beneficiary and was promised by the probate attorney that I would receive a check for a certain amount upon my signing (with witness) the General Release form per Rhode Island Probate Court. I performed as asked and mailed the form back. The attorney later emailed me stating that... View More

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answered on Aug 22, 2023

You are bound by the release you signed only if you get the money stated in it. The attorney for the executor or administrator is saying no, you won't get that amount of money, you will get something less. That means that the release is not binding on you. Unless you sign a release for the new... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Rhode Island on
Q: how is legal and equitable interest transfered or assigned
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answered on Aug 18, 2023

Usually by a written deed that describes the real estate, describes the interest being conveyed, is signed by the grantor, is given by the grantor to the grantee and recorded with the city or town in the land records. There are other requirements but those are the main ones. Usually a lawyer... View More

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