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Rhode Island Questions & Answers
0 Answers | Asked in Gov & Administrative Law for Rhode Island on
Q: What is the legal responsibility of the town of Narragansett to maintain unimproved, public roads?

A local, unimproved (dirt) road provides access to several developed and undeveloped properties in the town of Narragansett. All indications are that the road is owned by the town, as it is not on any of the land titles and the road is not part of a designated piece of private property on the PLAT... View More

0 Answers | Asked in Education Law for Rhode Island on
Q: school bus stop too far and not safe

My 5 year old just started kindergarten in a public school in Providence. His school bus stop is 1/2 mile away. That is likely a 15+ minute walk for him. He has to cross 2 roads where the cars speed. He will be with an adult, but what rights do I have as a concerned parent about this situation? I... View More

2 Answers | Asked in Bankruptcy for Rhode Island on
Q: Auto loan from credit union was sold to a lawyer. They are trying to garnish wages. Will bankruptcy clear this debt off

Auto loan is from 2007/2008 Pawtucket credit union. I live in Rhode Island. Also might have another judgment from a car accident when I had no insurance of my own & was technically at fault. Need to know if both of these will come off with bankruptcy or if I will still be obligated to pay them

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 2, 2024

Validly perfected liens on a debtor's property generally withstand any bankruptcy relief. Note that auto liens are afforded some special rights. The attempted garnishment, however, is a separate matter, and most probably stayed by a bankruptcy filing.

Personal injuries to another...
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0 Answers | Asked in Family Law and Adoption for Rhode Island on
Q: I am an attorney in Massachusetts. I represent a young boy who is in long term residential care. The Juvenile Court

terminated his parents' rights. I'm looking for anything from any state in which a court has ruled against TPR in a similar situation. The child has significant post termination visits with his parents. He has made it clear that he will not consent to being adopted. Thank you.

2 Answers | Asked in Bankruptcy for Rhode Island on
Q: in Rhode Island a writ of attachment showed ump at court was told to file motion not sure what kind of motion I need to
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 27, 2024

I don't practice in RI, but from what little you say, you should probably file a response (in PA, any response to an attachment is to the Sheriff) and objection, claiming that what you own is "exempt property" set forth in the RI statutes.

An alternative/addition may be a...
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0 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for Rhode Island on
Q: How to serve corporations like Fannie Mae and MERS? They have refused to being served for civil complaint

I paid for process server to be deliver summons to these two companies. FANNIE MAE rejected the summons. And apparently MERS " has moved" from the address they provide online.

0 Answers | Asked in Landlord - Tenant for Rhode Island on
Q: Landlord uses Roundup on the lawn, when asked to stop due to health reasons, they said no. Any options?

My landlord uses Roundup on the lawn. My significant other has a documented health condition where this is hazardous to their health. We asked him to not use Roundup, and he said no. Do we have any legal standing to make stop using roundup?

0 Answers | Asked in Landlord - Tenant for Rhode Island on
Q: Can A landlord keep you security deposit?
0 Answers | Asked in Landlord - Tenant for Rhode Island on
Q: In Rhode Island, what is the quickest way to evict a tenant who owes rent (to reclaim the premises ASAP)?

(a) to send him a 5-day demand notice for non-payment of rent

(b) to terminate him on 10-days notice

(c) another way

1 Answer | Asked in Personal Injury for Rhode Island on
Q: I cut my pinky finger in an accident and was told Id be okay in a day or two but it ended up being paralyzed permanently

This was 4 to 5 years ago at least I believe and a hospital visit.

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. I'm sorry this happened to you. Unfortunately, that timeline goes back a while. It would be best for RI attorneys could advise on your state's statutes of limitations. You could reach out to local... View More

1 Answer | Asked in Uncategorized for Rhode Island on
Q: If I buy a gallon of spring water at Target and pay 0.74 cents in Warwick RI. And I have to pay $1.49 at Stop and Shop

I think Stop and Shop in Wyoming is price gouging since they are the only grocery store in the area.

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2024

A Rhode Island attorney could advise best, but your question remains open for a month. Until you're able to check with a local attorney on state-specific consumer protections, what you describe does not look like price gouging. Merchants are free to set their own prices on items, absent some... View More

1 Answer | Asked in Family Law for Rhode Island on
Q: An unmarried, no children woman with 2 siblings and a valid last will & testament dies in the state of Rhode Island.

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?

Albin Moser
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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.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: What is the best way to place a either a notice of Les Pendens or Unjust enrichment.
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2024

You will have to file a law suit first that specifically involves the subject real property. Hire a RI attorney.

1 Answer | Asked in Family Law for Rhode Island on
Q: give up guardianship of granddaughter back to the mom

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

Albin Moser
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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

1 Answer | Asked in Estate Planning and Elder Law for Rhode Island on
Q: My Mom has a life tenancy in her home and recently moved to a nursing home. When can her home be sold?

Can her home be sold now or after she dies?

Albin Moser
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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.

1 Answer | Asked in Civil Litigation and Small Claims for Rhode Island on
Q: I’m disabled can I be sued in small claims
Albin Moser
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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

1 Answer | Asked in Probate for Rhode Island on
Q: If the court appoints your lawyer as the fiduciary can you still fire them
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

To answer this question accurately, we need to consider a few key points:

1. The role of a fiduciary: When a court appoints a lawyer as a fiduciary (such as an executor, administrator, or guardian), they are given specific legal responsibilities and powers.

2. Court appointment:...
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3 Answers | Asked in Probate for Rhode Island on
Q: If the court appoints your lawyer as the fiduciary can you still fire them
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

To answer this question accurately, we need to consider a few key points:

1. The role of a fiduciary: When a court appoints a lawyer as a fiduciary (such as an executor, administrator, or guardian), they are given specific legal responsibilities and powers.

2. Court appointment:...
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