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Questions Answered by Albin Moser
1 Answer | Asked in Probate for Rhode Island on
Q: Are there any consequences regarding an executor in another state that does not probate a vehicle registered and houses?
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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

1 Answer | Asked in Family Law for Rhode Island on
Q: with the aid of statutory and judicial authorities, critically examine the position of the law where a party to a valid

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.

1 Answer | Asked in Contracts, Products Liability, Tax Law and Car Accidents for Rhode Island on
Q: Can I own an unregistered vehicle if I don’t use the vehicle

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.

1 Answer | Asked in Divorce for Rhode Island on
Q: Planning on getting a divorce. It's open enrollment should I leave my wife who can't get the insurance through work on
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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.

1 Answer | Asked in Estate Planning and Family Law for Rhode Island on
Q: Hi Is it against the law to pretend that you are married to someone just so she can collect an inheritance
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answered on Aug 16, 2023

Yes. That would be fraud.

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

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answered on Aug 10, 2023

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

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: If a house is in a revocable trust, upon death will ownership pass to the beneficiary without going into probate?
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answered on Jul 2, 2023

Yes.

1 Answer | Asked in Copyright for Rhode Island on
Q: Am I allowed to screenshot a picture from the news and use it in the medium blog? It’s like YouTube, you can make money
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answered on Jun 29, 2023

No, unfortunately you cannot do that without permission from the network. You can seek permission from the network but it might cost you money to get it.

1 Answer | Asked in Estate Planning for Rhode Island on
Q: Does a ri irrevocable trust need to be notarized by a ri notary or can any notary witness the document signing
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answered on Mar 18, 2023

If the trust is going to be signed and notarized in Rhode Island then the notary needs to be a Rhode Island notary public. If the trust is going to be signed and notarized somewhere outside of Rhode Island then the notary needs to be a notary in that jurisdiction.

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
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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

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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

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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?
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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

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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.

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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.

2 Answers | Asked in Car Accidents and Personal Injury for West Virginia on
Q: Injured in car accident that I was not liable for, how to get compensated?

No citations were issued, however, the other driver's insurer accepted liability. The other driver was a 17 year old boy. Now, It appears that my medical costs may exceed the liability portion of the other driver's parents' policy. If my costs do exceed that limit, how do I obtain... View More

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answered on Apr 4, 2022

Yes, you should contact your own motor vehicle insurance company and discuss with them your underinsured motorist insurance. If there is money under your policy to pay for the amounts beyond the limits of the other driver's policy, then you are fortunate to have those benefits. Although you... View More

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1 Answer | Asked in Car Accidents for Rhode Island on
Q: Do you really have to prove a driver is uninsured in a hit and run accidents in RI? My car was hit. The driver ran.

There were no witnesses. The cop said hit and run and uninsured motorist on report. But the insurance company said I must prove the unknown person had no insurance!

Is that true in RI?

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answered on Mar 22, 2022

No, that isn't true. Your uninsured motorist coverage under your motor vehicle insurance policy covers a hit and run as an uninsured motorist claim. You do not have to prove that the unknown person had no insurance.

1 Answer | Asked in Probate for Rhode Island on
Q: My mom passed away on 2-23-2022. How can I obtain a copy of her Will.

My mom recently passed away. She did have a Will. My step father is refusing to share her Will with her children. I know there's certain things that belonged to my mom that she inherited from my grandmother that was to be passed along to me when my mom passed. My step father denied me seeing... View More

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answered on Mar 5, 2022

You can petition in the probate court of the city or town where your mother lived, and demand the production of the will. Your stepfather would be court-ordered to produce it.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: If I have a case against a contractor do I need to retain the property till the case is done?
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answered on Mar 2, 2022

No, you do not have to retain the real estate until the case is done, but there are some things you should do before you sell it. You do need to gather your evidence while it is still fresh, and give the contractor the opportunity to do the same.

First, hire a registered contractor to look...
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1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Am an ascertained heir to a property and want to keep rights is redemption.. need to answer the court… how do I do that

Need to work with a lawyer

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answered on Jan 31, 2022

Rights of redemption usually refers to a municipal tax sale. The property may have been sold at tax sale and if so then you have a limited period of time to redeem it, by paying off the debt to the person who bought it at tax sale. There are deadlines stated in the notices that you receive. If you... View More

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