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Questions Answered by Albin Moser
2 Answers | Asked in Land Use & Zoning for Rhode Island on
Q: I own 2 lots in Narragansett RI. There is a paper road between the two properties. Does the town own the paper road.

The paper road is woods and swamp, not even a path or dirt road exists. It probably could not be made into a road because of water table. It was platted over 70 years ago. Does the town own the land or just hold a ROW for the property? The other roads in the neighborhood are paved and maintained... Read more »

Albin Moser
Albin Moser
answered on Sep 3, 2022

A paper road remains the town's property even if the town does nothing with it. The town does not have to build a road on it in order to keep it as a paper road. The town retains the option to build a road on the area of the paper road at any time in the future.

As for whether or not...
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1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: a lawyer said in the state of Rhode Island U can’t determine how much money U want when suing the police, true or false?
Albin Moser
Albin Moser
answered on Jun 9, 2022

Yes, it is true that in Rhode Island the plaintiff's initial complaint that is filed in court should not request a specific dollar amount for personal injuries. But, the plaintiff can ask the defendant or the insurance company for a specific dollar amount in out of court settlement... Read more »

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I live in Providence RI, my landlord is demanding a key to my storage room and garage do I have to give it to her by law

We keep the areas clean, there is nothing she would need access to for any other unit in either area, the lease doesn't state anything about it, we store our eBay store items that we sell in the areas and don't want anyone to have access to these items

Albin Moser
Albin Moser
answered on Jun 8, 2022

Yes, you have to give the landlord a key to the storage room and garage that you are renting from the landlord. Your landlord has a right of access to all areas of the landlord's property that you are renting, and can enter any area on reasonable notice to you.

1 Answer | Asked in Family Law for Rhode Island on
Q: Is it possible to get a prenup, to keep only a fraction of a house as personal property?

My parents are selling me a $450,000 house for $250,000. And they want to make sure the value they gift me stays in my name. I do not believe it would be fair to retain the whole house as personal property as I would be bringing $250,000 of debt into the marriage.

Albin Moser
Albin Moser
answered on Jun 8, 2022

Yes, you and your future spouse can get a prenup that says that the gifted portion of the real estate equity shall be allocated to you in the event of divorce. A prenup can allocate your property in any way that the two of you agree upon, within reason.

2 Answers | Asked in Car Accidents and Personal Injury for West Virginia on
Q: Injured in car accident that I was not liable for, how to get compensated?

No citations were issued, however, the other driver's insurer accepted liability. The other driver was a 17 year old boy. Now, It appears that my medical costs may exceed the liability portion of the other driver's parents' policy. If my costs do exceed that limit, how do I obtain... Read more »

Albin Moser
Albin Moser
answered on Apr 4, 2022

Yes, you should contact your own motor vehicle insurance company and discuss with them your underinsured motorist insurance. If there is money under your policy to pay for the amounts beyond the limits of the other driver's policy, then you are fortunate to have those benefits. Although you... Read more »

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1 Answer | Asked in Car Accidents for Rhode Island on
Q: Do you really have to prove a driver is uninsured in a hit and run accidents in RI? My car was hit. The driver ran.

There were no witnesses. The cop said hit and run and uninsured motorist on report. But the insurance company said I must prove the unknown person had no insurance!

Is that true in RI?

Albin Moser
Albin Moser
answered on Mar 22, 2022

No, that isn't true. Your uninsured motorist coverage under your motor vehicle insurance policy covers a hit and run as an uninsured motorist claim. You do not have to prove that the unknown person had no insurance.

1 Answer | Asked in Probate for Rhode Island on
Q: My mom passed away on 2-23-2022. How can I obtain a copy of her Will.

My mom recently passed away. She did have a Will. My step father is refusing to share her Will with her children. I know there's certain things that belonged to my mom that she inherited from my grandmother that was to be passed along to me when my mom passed. My step father denied me seeing... Read more »

Albin Moser
Albin Moser
answered on Mar 5, 2022

You can petition in the probate court of the city or town where your mother lived, and demand the production of the will. Your stepfather would be court-ordered to produce it.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: If I have a case against a contractor do I need to retain the property till the case is done?
Albin Moser
Albin Moser
answered on Mar 2, 2022

No, you do not have to retain the real estate until the case is done, but there are some things you should do before you sell it. You do need to gather your evidence while it is still fresh, and give the contractor the opportunity to do the same.

First, hire a registered contractor to look...
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1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Am an ascertained heir to a property and want to keep rights is redemption.. need to answer the court… how do I do that

Need to work with a lawyer

Albin Moser
Albin Moser
answered on Jan 31, 2022

Rights of redemption usually refers to a municipal tax sale. The property may have been sold at tax sale and if so then you have a limited period of time to redeem it, by paying off the debt to the person who bought it at tax sale. There are deadlines stated in the notices that you receive. If you... Read more »

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?

Albin Moser
Albin Moser
answered on Jan 16, 2022

Yes, the mortgage goes with the house. He needs to get a mortgage to pay off the existing mortgage plus whatever additional value you and he decide upon as part of your purchase price. And, whoever of you is living at the house now ought to pay the mortgage and insurance for the time being.

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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 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 Consumer Law and Small Claims for Rhode Island on
Q: Can a lawyer serve me court papers for a credit card bill 13 years old in ri?

This collection agency has been doing this to me over and over. I'm on disability and can't afford this and I can't handle the stress.

Albin Moser
Albin Moser
answered on Sep 21, 2021

Usually you cannot be sued on a credit card debt that is older than ten years. Also, recipients of Social Security Disability are usually not subject to collection. If all you have is disability benefits, then the collection agency or law firm cannot take your money. If you explain that you are on... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: I own a house with my parents. Jtwros. My husband and i live there with them. We are separating. Can he claim ownership?

We are common law married. We've lived in the house for over 10 years.

Albin Moser
Albin Moser
answered on Aug 30, 2021

If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.

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