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I've stumbled upon a case where my Grandmother was left her father's "Entire Estate." However, due to the court's findings, they denied her her right to any inheritance due to her being an "illegitimate child" born out of wedlock. Is it possible that she was... View More 
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answered on Dec 4, 2024
Those of us born out of wedlock can inherit pursuant to R.I. Gen. Laws § 33-1-8, a Rhode Island law that was first enacted in 1905. That 1905 law was probably enacted prior to the time of your great-grandfather's death, and would have prevented a finding that your grandmother could not... View More
He is a narcissist
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answered on Oct 30, 2024
There is a Guide and File portal on the Family Court section of the Rhode Island Judiciary's website. If you are trying to represent yourself then you can try to commence a case using the Guide and File and follow its instructions. Hiring a lawyer would be a good idea though.
Uncle dies, never married, no children, had 4 sisters with children. One sibling, my mother, is the only living next of kin (91yrs) but the 3 sisters, that are deceased, have some living children- being my uncle's nieces and nephews. His lawyer is going to divide his estate by the 4... View More
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answered on Sep 25, 2024
Unfortunately no, it would not all go to the living sibling. The division of the estate between the living sibling and the descendants of the three deceased siblings is the correct distribution under Rhode Island law. As for the amount of money in the estate and how much is left, you can find out... View More
child, 16, wanted to move in with her mother and even though I was against it she went anyways. She is refusing to listen to me, she wouldnt go to school so I enrolled her in a on-line high school diploma so she could at least graduate but shes not doing the work. I recently took her to a... View More
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answered on Jul 24, 2024
If there is another relative or trusted person who can serve as your granddaughter's guardian, then you and that person can petition the probate court to appoint that person as guardian and remove you as guardian. If there is not another relative or trusted person that can serve as guardian,... View More
Can her home be sold now or after she dies?
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answered on Jul 24, 2024
Most likely she is at a nursing home with the intention to return home if she is able. She can agree to sell her home if she wants to do that. If she does not want to sell it then it will remain hers for life. Although she is not living there right now, that does not forfeit her life estate.
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answered on Jun 20, 2024
Yes. You can be sued and if the court finds that you owe the money then the court can enter judgment against you to pay the money. The court can also order interest, Attorneys fees and court costs to be paid by you, if the court find that is warranted. But, if your income is all from public... View More
As part of the divorce, my ex-wife declared that our daughter couldn't stay overnight with me when there is an adult female there.
The divorce was long and drawn out over many years and I reluctantly agreed. This is now part of our divorce agreement.
I have been dating the... View More
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answered on Jun 18, 2024
The challenge you face is that you agreed to what the agreement says and it is still enforceable against you. But the opportunity here is: what exactly does it say? Look at the wording. And, if the wording is really as disadvantageous as you say it is, then next: the agreement can always be... View More
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answered on Apr 19, 2024
One of the purposes of probate is to make sure there is clear title to assets, so if there is no trust or other means of non probate transfer of these assets then yes, they need to be probated. But, concerning the houses, check the deeds to see if they were owned with any other person or placed in... View More
If court gets involved, can a judge say the father can’t take his kids anymore on visitation or overnights because he now shares a home with his girlfriend?
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answered on Jan 23, 2024
Usually a mother cannot prevent a father from having visitation overnight at his new girlfriend‘s house where he now lives. If there were a provision of the divorce agreement that prohibits this then the court might pay attention to that. If there is something about the girlfriend or the house or... View More
If I inherited property during marriage would he be able to come for that as well
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answered on Jan 1, 2024
Custody arrangements and other issues relating to the best interests of children are always modifiable. The equitable distribution of property in divorce is usually done once in the divorce and that’s it. Exceptions: if the inherited property was not disclosed in the divorce then maybe someone... View More
We sold a home earlier this year and disclosed that the garage had flooded. We also said that we asked the home builder to come fix it (since the home was newly built) which he did. It never flooded again after the work he did so to us it was fixed.
We closed on the sale earlier this... View More
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answered on Dec 21, 2023
You are protected. Caveat emptor, let the buyer beware. The risk of flooding is something that the buyer took on when the buyer bought the property. The buyer has no case against you. The buyer might have a case against the builder if there is something wrong with the construction and the... View More
They hired a company to repair their roof. During the repair, they found the wood was rotted. They couldn't go on to the next step because we were told that they had to run it through the insurance company. They put a tarp on the roof which I assume it wasn't not secure enough. We had a... View More
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answered on Dec 21, 2023
If the insurance money was sent for the repairs to pay for the repairs that the contractor is doing pursuant to a budget that they submitted to the insurance company, then yes, you have to give the money to them in order to keep them under the obligation to finish the work. If there is a problem... View More
10 beneficiaries, executor included. Automobiles, jewels, cash, antiques, televisions etc .
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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
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.
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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
Her will states that all tangible personal property is left to one sibling. Does the vehicle registered in her name have to go through probate?
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answered on Jul 24, 2024
Yes, the will has to be probated and the vehicle distributed in probate to the beneficiary named in the will.
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answered on Jun 18, 2024
If there is a breakdown in the relationship between the fiduciary and the beneficiary then the beneficiary can petition the court for removal and replacement of the fiduciary. It’s up to the court.
and subsisting monogamous marriage purports or seeks to marry another person monogamously.
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answered on Mar 25, 2024
What you describe is bigamy, which is against the law. An intended marriage by a person who is still married is not going to result in a valid marriage.
I’m trying to buy a vehicle and I won’t be able to register it for 2 months.
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answered on Dec 21, 2023
Yes, you can own a vehicle that is not registered yet. Until you register it you can't drive it.
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answered on Nov 17, 2023
In divorce in Rhode Island, spouses usually have the option to ask for an order that they will continue on the health insurance post-divorce. if there is an additional cost then they can be ordered to pay the increase.
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
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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
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