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Questions Answered by Albin Moser
1 Answer | Asked in Land Use & Zoning for Rhode Island on
Q: My house has a home behind me. There is 2 ways of getting to the house. My driveway and another down the road. Why?

Why is my driveway the easement?

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answered on Jan 16, 2022

Your driveway may be the easement by past agreement. If there is a recorded document that gave the back property an easement across your driveway then that would explain it. The easement passes from owner to owner, and whoever owns the back property holds the easement, has the right. It "runs... View More

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: I am in RI. My siblings and I inherited a house from my brother when he died. There is a mortgage on the house.

One of my brothers is considering buying the house. We will naturally charge him a lot less than the appraised price. Does the mortgage go with the house or are we responsible for paying it off before we sell it to him?

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answered on Jan 16, 2022

Yes, the mortgage goes with the house. He needs to get a mortgage to pay off the existing mortgage plus whatever additional value you and he decide upon as part of your purchase price. And, whoever of you is living at the house now ought to pay the mortgage and insurance for the time being.

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1 Answer | Asked in Uncategorized for Rhode Island on
Q: Has there ever been a rear-end collision in RI where the front driver was found at fault?

The lane was right turn only, with no traffic coming from traffic on the opposite side. The lane was marked at least 100 feet before turn. Front driver stops short. Meant to go straight, but there was no way to go straight in the lane they were in. No turn signals.

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answered on Dec 31, 2021

If in a rear end collision the front driver was going in reverse then the front driver might be liable.

1 Answer | Asked in Employment Law for Rhode Island on
Q: A major company isn’t giving their match retirement funds to retired employees. Is this legal?

Lifespan. You can’t even see your match money in your statements they hide it.

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answered on Dec 29, 2021

Every retirement plan is governed by plan documents. Those documents are summarized by a Summary Plan Description. HR can give you the summary plan description. Also, every retirement plan has a Plan Administrator. Make a request to the Plan Administrator identified in the Summary Plan Description... View More

1 Answer | Asked in Child Support for Rhode Island on
Q: I'm owed back childsupport from 6 years ago and they r saying they can't find my money or my old case

From when my son was a minor

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answered on Dec 29, 2021

There is a website called the Rhode Island Public Portal that you can use to confirm what they are saying. Maybe when you search you will find the case. Also, if you have any paperwork that has the case number, that would help to identify the case.

1 Answer | Asked in Family Law for Rhode Island on
Q: Right of possession after spouses death?

My 90 year old dad recently lost his wife of 30 years. When he married her, he moved into her house which was in her name. He has contributed to this house for the 30 years he has lived in it. Deceased wifes children have told him that nothing in the house belongs to him and he is entitled to... View More

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answered on Dec 29, 2021

No, they are wrong. He has certain rights to the house and its contents. He also has the right to claim a share of anything else, including a share of any money.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Can a landlord keep your security deposit and not let you move in
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answered on Dec 3, 2021

No.

1 Answer | Asked in Contracts for Rhode Island on
Q: Is there a specified number of days from issuing an invoice before you sue?
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answered on Dec 3, 2021

If the contract states a time of payment, then you can sue at any time after the due date. If there is no due date, then you can sue after a reasonable amount of time has passed. After a reasonable amount of time has passed and no payment, a common practice is to send a second notice. Usually you... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Rhode Island on
Q: Is there a way of signing over our home to my son, maintain life tenancy, and exclude his current wife?

The home has been in the family for multiple generations and we are not certain his current wife is in this long term and want to be certain if we sign it over she can't get it if they divorce.

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answered on Dec 3, 2021

The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her... View More

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1 Answer | Asked in Consumer Law and Small Claims for Rhode Island on
Q: Can a lawyer serve me court papers for a credit card bill 13 years old in ri?

This collection agency has been doing this to me over and over. I'm on disability and can't afford this and I can't handle the stress.

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answered on Sep 21, 2021

Usually you cannot be sued on a credit card debt that is older than ten years. Also, recipients of Social Security Disability are usually not subject to collection. If all you have is disability benefits, then the collection agency or law firm cannot take your money. If you explain that you are on... View More

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: I own a house with my parents. Jtwros. My husband and i live there with them. We are separating. Can he claim ownership?

We are common law married. We've lived in the house for over 10 years.

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answered on Aug 30, 2021

If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I have a legal document created on July 26. Bottom of letter attests letter was brought to PO July 24.

Would the conflicted dates result in technicality?

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answered on Aug 24, 2021

if the document is a notice and there is a period of time required for notice, then the date the notice was actually sent is going to be important to establish whether or not there was sufficient notice. If there is evidence that the notice was not sent on the date stated, then that evidence can be... View More

1 Answer | Asked in Child Custody for Rhode Island on
Q: Do I have to show for a deposition in rhode island
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answered on May 6, 2021

Probably not. If you are in Dorchester and the case is in Rhode Island then you can't be made to go from Dorchester to testify in Rhode Island. Usually there is a subpoena that is served on you. If it were served upon you in Rhode Island then that's one thing, but if it were served on you... View More

2 Answers | Asked in Child Custody and Child Support for Rhode Island on
Q: What can i do of the father is neglectful of my child? There is no visitation order and i am in RI.

Theres no physical proof but friends and neighbors as well as myself have seen it first hand.

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answered on Mar 31, 2021

Begin by speaking with your child about anything you believe might be a harm to him or her. Follow up with the child's father. Try to avoid phrasing it as blame and encourage him to focus on what the child needs. If that does not work then consider a change to the schedule. If there is no... View More

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