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I am the custodial parent of my 11-year-old child and hold temporary emergency custody through a restraining order against the non-custodial parent, who is abusive. The non-custodial parent has defaulted on child support, owing over $11,000, and there is a body attachment for him due to contempt of... View More
answered on Oct 15, 2025
Your spouse can file an adoption case with the Rhode Island Family Court and ask the judge to terminate the non-custodial parent's parental rights and obligations. As part of that the non-custodial parent would be served with notice and an opportunity to participate in the adoption case,... View More
My mother passed away in Tennessee and had a bank account in Rhode Island without beneficiaries. We have her will and death certificate, and the bank mentioned that we need a certificate of appointment to access the account. Do I need a lawyer to obtain this certificate, or can I fill out the... View More
answered on Oct 1, 2025
In order for you access the bank account you need to be appointed to handle the affairs of the probate estate as part of a court proceeding. Tennessee is the appropriate state because that is where the decedent resided. The appropriate court in Tennessee will appoint someone, perhaps you if that is... View More
My spouse recently passed away, and we have a will that was drafted over 20 years ago, leaving everything to me. He left behind some debts. Do I need to hire a lawyer to handle the debts and execute the will, or are there specific steps I should follow on my own?
answered on Sep 9, 2025
You need to hire a probate lawyer. Probate starts out simple but becomes complicated fast. There is no instruction book other than the Rhode Island General Laws, the rules of procedure, the administrative rules of the probate court and the judicial opinions of the Rhode Island Supreme Court. The... View More
I am currently on Social Security, receive food stamps, and live in low-income housing. An attorney for a credit card company took me to court to garnish my wages, but the judge canceled the hearing after I filed an objection. Now, the attorney is asking me to provide proof of my Social Security... View More
answered on Jul 14, 2025
If your sources of income are public benefits then the attorney for the creditor will back off because public benefits such as SSI, SSDI and general assistance money are not collectible to satisfy a judgment for a credit card debt. So the attorney wants to document that, and would like you to send... View More
I am located in Rhode Island and currently have a child support agreement in place for my children, who are now adults. At what age do I stop being legally obligated to provide coverage or support for them, considering the child support agreement is active?
answered on Apr 17, 2025
Child support that is ordered by the Rhode Island Family Court pursuant to the Rhode Island General Laws will continue until the child turns age 18 or upon completion high school if still enrolled when 18, but no later than turning age 19. If your support order is from another state or if you... View More
I have been living on a property under an informal lease for over 70 years. Recently, the executive of the estate—named about a year ago—has not addressed significant repair issues, such as there being no floor in the kitchen and bathroom, just holes covered by plywood. We have asked the... View More
answered on Mar 18, 2025
It doesn't look good, sorry. While executor of the probate estate that holds the real estate does have an obligation to keep the premises up to minimum housing standards, and maybe these holes and plywood do or don't comply with the housing code, your big problem is that you have no... View More
My brother passed away last year, and he had no beneficiary listed on his life insurance, so it goes to the next of kin, which would be me and my two brothers. He had no children and was never married. I hired a lawyer to help me obtain a letter of appointment, which I have received. However, my... View More
answered on Mar 18, 2025
When a life insurance policy has no beneficiary designation the terms of the policy will often require that the proceeds of the life insurance go through probate court. In probate court it is required for the person appointed (the probate administrator) to notify heirs at law and any potential... View More
I had an informal visitation agreement where I spent time with my daughter every Friday through Tuesday for over a year until January 20th. My ex stopped my visitations after I got a new girlfriend, fearing I would introduce our daughter to her, even though there is no safety threat. There are no... View More
answered on Feb 21, 2025
It's not too late. You can write up the motion, state on it that this motion will be heard on March 14, 2025 at which time this matter is already on the calendar, include at the back of the motion a Certificate of Service stating that you served this motion upon your ex by U.S. Mail on such... View More
I will not have health insurance in between 1/31/25 and 4/15/25. I can't afford my previous employer's COBRA or the $235 premium that the state insurance program offered me.
answered on Feb 5, 2025
The State of Rhode Island might try to penalize you, yes, but you might be able to show that you are exempt from the penalty. To do that, you could apply for a hardship exemption through the state website. I suggest that you look up on Google, "Application for an Exemption from the Rhode... View More
answered on Feb 5, 2025
Yes, you can take your daughter and leave. The police will not stop you. The police will say that custody is a civil matter that must be resolved in Family Court. You can file a case in Family Court to get a determination of paternity, custody, child support and parenting time. The court's... View More
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
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
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
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
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?
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.
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
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
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?
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
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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