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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 
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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.
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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
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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
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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
I have been visiting my child consistently every weekend (Friday through Tuesday) for over a year. This arrangement was informally agreed upon as the child’s mother and I co-parented without any legal order in place. Since I started dating a new girlfriend, the child's mother has stopped... View More
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answered on Feb 21, 2025
Yes, go ahead and file a parental agreement as part of your motion. It is better to be clear, concise and direct.
She won't let me have my daughter where I live. She's given me no reason
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answered on Feb 11, 2025
No, she cannot dictate where. You would need to proceed in court in order to compel her to cooperate with the present court order. The court will order her to comply unless there is a big problem with where you live or who you live with.
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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