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Questions Answered by Albin Moser
1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Can mom of a child tell her son’s father he can’t take the children over night once he moves in with his girlfriend

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

2 Answers | Asked in Civil Litigation for Rhode Island on
Q: Hi I am wondering about a post final judgment ex was grated joint shared placement after final judgment 8 years ago

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

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1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Question around seller protections in Rhode Island after closing a home

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

1 Answer | Asked in Small Claims and Civil Litigation for Rhode Island on
Q: I'm asking for my elderly parents. Wondering if this worth to go further.

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

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 .

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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.

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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 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

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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..

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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?
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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?

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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

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

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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?
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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

2 Answers | Asked in Criminal Law, Personal Injury, Family Law and Domestic Violence for Rhode Island on
Q: I was violently assaulted by my brother in February of 2023. I didn’t press charges; is it too late for me to do so now?

When my brother attacked me, he punched me in the face and broke my face open. I had gone to the hospital and had to get stitches. The cops came to the house after my brother punched me but I didn’t press charges then. While at the hospital my husband (who witnessed the assault) called the cops... View More

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answered on Aug 16, 2023

It's not too late for you to file a complaint with the police department. It is up to the police whether or not to investigate it. It is up to prosecutors whether or not to bring evidence to a grand jury, get an indictment and charge your brother. You have other options in addition to this.... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Rhode Island on
Q: Hi, I am not getting anywhere with accessing my late father's executor/wills order petition to dis. Is it open records?

I live in KY, but it was carried out in Rhode Island, and its hard to do things when your 1000+ miles away, and all the paper work is in a storage unit in RI, is there any other way i can go about finding out the information within it like the lawyers name? Something where i can get started??? Im... View More

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answered on Aug 15, 2023

The petition and order you are looking for are in the records of the probate court for the town or city in which your father last resided. You can call the probate court for that town or city and speak to the probate clerk, ask for a copy of the records. Probate records are not usually available... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Rhode Island on
Q: After a drawn out period of time with poor communication, it appears my house will be going up for foreclosure. Advice?

I will speak to the company Monday, but I want to get ahead of this. The home is worth approx $100k more than I currently owe. I wanted to see what my options are. I do not have a lump sum needed to fully catch up with my payments, and have been working to adjust my payments so that I can resume... View More

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answered on Aug 10, 2023

The cash for houses websites are unlikely to be your best option. Selling the house is certainly an option. Also there are programs available through Rhode Island Housing for you to mediate the matter with the mortgage servicer to avoid foreclosure and explore your options to refinance instead. The... View More

1 Answer | Asked in Copyright and Intellectual Property for Rhode Island on
Q: Am I allowed to use copy righted photos on Medium, a blogging website? It’s like YouTube, you can make money
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answered on Jun 29, 2023

No, in fact that is the very thing you cannot do with a copyrighted photo. You cannot use it for your own profit. There are companies that go around threatening people with lawsuits for using other people's copyrighted images on their websites and blogs. Often it is a bluff but it is stressful... View More

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: I planted 6 shrubs 9 mos ago 3' from agreed border. Neighbor' survey this week shows 12" over says now his. Who's r they

for 5+ years, we agreed on boundary, neighbor cutting grass up to such point.

Neighbor never questioned location when they were planted even though he questioned separate border that day

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answered on Jun 29, 2023

If neighbors agree upon a boundary line then that can become the legal line, even if a survey based on the old line says otherwise. The problem you have is that the neighbor no longer agrees to the boundary line and wants to go by the survey instead. It might be hard to come up with evidence that... View More

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