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Questions Answered by Albin Moser
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
Albin Moser
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

Albin Moser
Albin Moser
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?
Albin Moser
Albin Moser
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
Albin Moser
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

Albin Moser
Albin Moser
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
Albin Moser
Albin Moser
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

Albin Moser
Albin Moser
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

Albin Moser
Albin Moser
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

Albin Moser
Albin Moser
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
Albin Moser
Albin Moser
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

Albin Moser
Albin Moser
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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1 Answer | Asked in Probate for Rhode Island on
Q: What is a universal appointment bond. If the bond says $300,000 what does that mean and why. Thank you for your help
Albin Moser
Albin Moser
answered on Oct 15, 2022

It means that if the executor or administrator were to fail in his duties to the beneficiaries of the probate estate, then the beneficiaries can claim against the bond up to the amount of $300,000. Often the bond is a personal bond with no surety, meaning it is given by the executor or... View More

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: R.I. law that allows a tenant in common owner of property to sell its share w/o permission from the other cotenants.

Also, can a tenant in common ask any amount for its share where no pre-existing agreement exists betw the tenants

Albin Moser
Albin Moser
answered on Oct 15, 2022

Yes, there is a Rhode Island that allows a common owner to sell the property, by bringing a civil action called a petition for partition and sale. The court will first review whether the property can be divided (partitioned) into a separate parcel of land for the petitioner. If so, then that is the... View More

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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... View 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... View 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.

1 Answer | Asked in Uncategorized for Rhode Island on
Q: We have lived on our property for 7 years and maintained for that time also. Do we have rights to that land?

After an animal abuse complaint was made about a pet store the town disclosed our name And address to them? Now they are putting things in our yard stating it belongs to them! We know it’s our property it is hundreds of feet away from the pet store. It’s because of retaliation and confidential... View More

Albin Moser
Albin Moser
answered on Aug 10, 2023

No. Adverse possession must be for ten (10) continuous years, otherwise title remains with the original owner.

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