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Questions Answered by Neville Bedford
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.

Neville Bedford
Neville Bedford
answered on Dec 6, 2021

There are a few different ways for you to achieve your desired outcome. I would advise you to meet with a lawyer specializing in estate planning to discuss those options. As Attorney Moser informs, separate property my undergo transmutation, in certain circumstances, and be subject to division... 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

1 Answer | Asked in Family Law for Rhode Island on
Q: My 7 year old son and I reside in RI. His father moved out of State back in July. My question is, I plan to also move…

Out of state (different state) next summer. We have nothing filed legally with the court. We were never married. He is on the birth certificate. Do I need to do anything other than inform him that I’m planning to move?

Neville Bedford
Neville Bedford
answered on Nov 5, 2021

If you are all in agreement and he supports the move, you may not need to involve the court at all. It is surprising to hear there is no court involvement. Hopefully that also means you have a fair agreement for him to provide support for your child.

1 Answer | Asked in Tax Law for Rhode Island on
Q: My dad died over five years ago and we just found account worth $50,000. I received the check made out to "estate of

John Smith with my name C/O Joe Smith, executor. We never setup an Estate bank account when he died.... I do have the Probate Certificate of Appointment paperwork which was why the check was sent to me. Can I deposit in my personal account and share with siblings that way or do I need to open... Read more »

Neville Bedford
Neville Bedford
answered on Nov 5, 2021

Check in with the lawyer who helped you get that appointment. They will explain the process of reopening the case to deposit the check and then close it again.

1 Answer | Asked in Consumer Law for Rhode Island on
Q: Who enforces an implied warranty of merchantability
Neville Bedford
Neville Bedford
answered on Nov 5, 2021

The court, once the buyer presents their case, after they meet their burden of proof.

1 Answer | Asked in Divorce for Rhode Island on
Q: Hi I'm currently on SSDI and considering a separation from my husband what are my entitlements??
Neville Bedford
Neville Bedford
answered on Nov 5, 2021

You may claim a right to half of the Marital assets. Meet with an attorney to review the Marital Estate and learn about the process in confidence.

1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on
Q: What do I do if a 16 year old is summoned to a family court but is outta state to attend the court what happens
Neville Bedford
Neville Bedford
answered on Jul 20, 2021

Family court is being held remotely now = online. Speak with your attorney to find the login credentials and avoid offending the court.

1 Answer | Asked in Family Law for Rhode Island on
Q: i have 2yr old twins that have a biological brother they should be able to meet. Can i advocate for them legally?
Neville Bedford
Neville Bedford
answered on Jun 8, 2021

A family court lawyer can review the details of your particular situation in confidence and assist you in presenting your case.

2 Answers | Asked in Child Support, Divorce and Family Law for Rhode Island on
Q: My son turns 18 this month in NH while I reside in RI. Ex-wife is claiming to take me to court to extend the support.

My two sons, (18,16) reside with their mother and I pay support for both. Son is turning 18 and she has been advised by the state that his part will be ending. She now wants to take me back to court to ask for more support for our 16 yr old to try and compensate. Can she do this and if so, how much... Read more »

Neville Bedford
Neville Bedford
answered on Jun 8, 2021

Q: Should I obtain a lawyer to help navigate this case?

A: Yes

Guidelines currently in effect may be found at: http://www.cse.ri.gov/documents/2018-02-Signed_Admin_and_Chart.pdf

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1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Rhode Island on
Q: Which official could I discuss filing a charge of theft, embezzlement against a Rhode Island resident with?

My mother died in 2006 and left $100,000 for my children. The money was put into two individual money market accounts managed by my half brother (a Rhode Island resident). We have those documents. In 2014 my son received a $25,000 disbursement along with a text chain which confirms in... Read more »

Neville Bedford
Neville Bedford
answered on May 21, 2021

This message will likely be deleted due to the inclusion of proper names, consult with a private attorney to bring a civil action in the appropriate court. They will also be able to advise you on any potential criminal charges after you present all of your evidence in a private and confidential... Read more »

1 Answer | Asked in Child Custody and Divorce for Rhode Island on
Q: I am separated. Can't afford a divorce but desperately need one.I am concerned about ex's live-in girlfriend.MyOptions?
Neville Bedford
Neville Bedford
answered on Apr 5, 2021

Consult with an attorney to explore your options. If you have a child in common, it is important to sort out custody and support issues soonest.

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: If money is willed to 2 sons to be split evenly, but 1 passed away before their mom, does the other son get all of it?

Or would the dead son's half get passed to his heirs? The wording on the will is just that the remainder of her money gets split evenly between son 1 and son 2.

Neville Bedford
Neville Bedford
answered on Mar 31, 2021

Get a copy of that will and make an appointment to meet with your local probate attorney to discern whether the intention of the testator is per capita, or per stirpes.

1 Answer | Asked in Civil Rights for Rhode Island on
Q: I have Put a restraining order on my ex who I have Had previously had domestic cases with in 2019 he has

been creating accounts to contact me and threatening me and I have Never gone through this I have Court on the 13th and I am Scared I dont Want them to drop the case i don't know what i am supposed to do if I need To get an attorney and if so how I go About that and the costs

Neville Bedford
Neville Bedford
answered on Mar 31, 2021

Contact an attorney to answer these questions privately. Document all of the violations from the invented accounts to have ready for your hearing.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Can a 48a dismissal be re opened? is it legal?

I had a case simple assault/domestic case that was dismissed (48a) at trial. somehow it was later reopened months later and I was arrested again on the same exact charge. I took it to trial and was found not guilty. I also tried to remove it from my record and it still shows.

Neville Bedford
Neville Bedford
answered on Mar 31, 2021

Talk to your attorney in private to explore your options. Your attorney will know all of the appropriate steps to ensure the expungement/seal process is completed properly.

2 Answers | Asked in Child Custody and Child Support for Rhode Island on
Q: What can i do of the father is neglectful of my child? There is no visitation order and i am in RI.

Theres no physical proof but friends and neighbors as well as myself have seen it first hand.

Neville Bedford
Neville Bedford
answered on Mar 31, 2021

If the neglect is serious enough to place the child in danger, discuss this with your attorney in preparing the documents to present your case to the court. If the child is in imminent danger or has suffered harm due to the neglect of the father, report this to DCYF hotline (1800RICHILD). A... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for Rhode Island on
Q: I am in the process of a divorce. I am pregnant with someone elses child. What steps would I need to establish paternity

Husband and I have lived separately for over 5 years. Divorce papers have been filed. The baby's biological father admits paternity and wants to be on the birth certificate/ the child to have his last name.

Neville Bedford
Neville Bedford
answered on Jan 31, 2021

Your attorney will be able to help you collect and present the appropriate evidence to meet the burden of proof required to overcome the presumption of paternity of a child born during a marriage in the State of Rhode Island. If you have not yet met with, and retained an attorney to advocate for... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: During divorce and in the agreement I put she has to go back to her maiden name and she signed it . So she has to right?

We have no kids . She in another relationship but she keeps saying oh just because I signed it doesn’t mean I need too

Neville Bedford
Neville Bedford
answered on Jan 15, 2021

Meet with your family court attorney to review the contractual language and evaluate its precise terms. Generally speaking any competent adult may use any name they like, as long as it in not for an illegal purpose.

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: My ex wife is in contempt of court for not selling my house when our son graduated as stated in the divorce decree

Will she have to give me the house or sell it and give me the amount of money started that she owes me

Neville Bedford
Neville Bedford
answered on Oct 27, 2020

Talk to your attorney to help prepare and present your motion for relief.

2 Answers | Asked in Civil Rights and Criminal Law for Rhode Island on
Q: Is it excessive force if the police cause me to get stitches
Neville Bedford
Neville Bedford
answered on Oct 27, 2020

It will depend on many factors, consult with your attorney to evaluate your situation and the particular facts.

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