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Rhode Island Questions & Answers
1 Answer | Asked in Estate Planning for Rhode Island on
Q: Creating a trust for NY inheritance while living in RI, seeking legal guidance.

I'm looking to create a new trust to handle an inheritance from New York. I need guidance on setting up the trust and ensuring it aligns with legal requirements in both Rhode Island and New York. I am unsure about the specific type of assets to include and would appreciate advice on suitable... View More

James L. Arrasmith
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answered on Apr 13, 2025

To create a trust for your inheritance, you will need to consult with an attorney who can help you navigate both New York and Rhode Island laws. Since you're dealing with an inheritance from New York, it’s important to ensure that the trust complies with New York estate laws, while also... View More

2 Answers | Asked in Copyright, Mergers & Acquisitions, Intellectual Property and Business Law for Rhode Island on
Q: How to obtain copyright of abandoned children's show?

I am interested in pursuing the acquisition of the copyright for an old children's show marked as abandoned with the serial number 74144224 for commercial use. The original lawyer associated with the copyright has passed away, and there is no contact information available on the copyright page... View More

Alan Harrison
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answered on Apr 13, 2025

I think that you have confused copyrights and trademarks. The number you provide is a trademark registration not a copyright registration. Trademarks, not copyrights, can be abandoned by non use.

If the trademark has truly been abandoned, then your path forward would not be overly complex.

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1 Answer | Asked in Car Accidents, Personal Injury and Insurance Defense for Rhode Island on
Q: I was in an accident in Rhode Island at a stop sign, now facing a lawsuit for injuries.

I was involved in an accident in Rhode Island, but I am from California. My vehicle and the other party's vehicle were towed. At the scene, the other party stated he didn't need medical attention and seemed fine. I was at a stop sign and, after looking both ways, proceeded into the... View More

James L. Arrasmith
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answered on Apr 12, 2025

Even though the accident happened in Rhode Island, your California insurance policy should still provide liability coverage up to your policy limits. Since the other party is now suing for injuries and lost wages, your insurer has a legal obligation to defend you in the lawsuit and attempt to... View More

0 Answers | Asked in Juvenile Law for Rhode Island on
Q: Can I leave my parent's home at 17 in Rhode Island without endangering my welfare?

I am a 17-year-old living in Rhode Island with my parents. I have had discussions and attended therapy with my mom, but she still doesn't respect me, and staying at home constantly is exhausting. There are no legal custody arrangements or obligations affecting me. Am I allowed to leave... View More

1 Answer | Asked in Child Support, Public Benefits and Family Law for Rhode Island on
Q: Why am I facing arrears after filing for relief 7 years ago and now receiving SSI in Rhode Island?

I filed for full relief from paying child support 7 years ago due to having no income because of ongoing health issues, culminating in a liver transplant in August 2023. I started receiving SSI in September 2024, and I understand that in Rhode Island, SSI recipients typically are not required to... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you're facing a difficult situation with child support arrears despite your efforts to resolve the issue. In Rhode Island, SSI recipients are typically not required to pay child support, but this can depend on whether the court granted full relief from child support payments at... View More

1 Answer | Asked in Child Support, Civil Litigation and Family Law for Rhode Island on
Q: Home confinement qualifications for non-custodial parent with $50,000 arrears in Rhode Island

I am the custodial parent involved in ongoing legal proceedings regarding child support arrears amounting to $50,000 by the non-custodial parent. The court previously ordered the non-custodial parent to stay current in child support payments, but they only paid for three months due to wage... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Rhode Island, home confinement as an alternative to other consequences like jail time for child support arrears is not automatically granted and typically depends on the specific circumstances of the case. A non-custodial parent may be considered for home confinement if they can demonstrate... View More

2 Answers | Asked in Divorce, Contracts, Intellectual Property and Family Law for Rhode Island on
Q: Divorce and entitlement to book profits after marriage in RI.

I am divorcing after 33 years of marriage. About 6 years ago, I wrote and self-published 30 books through Amazon KDP, all created during the marriage with no joint financial contributions. Although these books haven't generated substantial profits yet, I want to know what entitlement my... View More

John  Larochelle
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John Larochelle
answered on Apr 1, 2025

Rhode Island is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally upon divorce. Under § 15-5-16.1(a), the Family Court assigns property based on factors such as:

• Length of the marriage (33 years here, a long-term marriage)....
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1 Answer | Asked in Child Custody, Child Support, Family Law and Adoption for Rhode Island on
Q: How do I start guardianship for my boyfriend in RI for my daughter with sole custody?

I have sole legal and physical custody of my daughter, who is almost 2 years old. Her father has only met her once when she was four weeks old, and he has had no contact since June 2023. He is supposed to pay $300 a week for child support, but it's inconsistent. I am considering having my... View More

James L. Arrasmith
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answered on Apr 13, 2025

To begin the guardianship process in Rhode Island for your daughter, you would need to file a petition in Family Court. Since you have sole legal and physical custody, you will have to demonstrate why guardianship with your boyfriend is in your daughter’s best interest. You can file for... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Rhode Island on
Q: Recovering funds from a joint bank account with my parent in Rhode Island.

I am 15 years old and have a joint bank account with my dad. A few months ago, around $429, which is basically all my money, was taken from my account for rent. My dad is the joint account holder, and despite having bank statements on my phone showing the transaction, my parents denied taking the... View More

James L. Arrasmith
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answered on Apr 8, 2025

It’s really tough when you feel like your money is taken without your consent, especially when you’re not getting clear answers. Since you and your dad are joint account holders, it’s important to remember that both of you have access to the account and can make transactions. However, it’s... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Rhode Island on
Q: Is theft of cremated remains a crime in Rhode Island?

I am trying to understand the criminal implications of the theft of cremated human remains. My 23-year-old son, who passed away from a fatal heart attack, was residing in a group home. After his death, the directors of the group home were given his cremated remains in a sealed container. However,... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Rhode Island, the theft of cremated remains could potentially be considered a criminal act, as it involves the unauthorized taking of property, especially if the remains were meant to be returned to the legal next of kin. While the law may not specifically address cremated remains, taking... View More

1 Answer | Asked in Business Formation, Landlord - Tenant, Real Estate Law and Business Law for Rhode Island on
Q: Rental property laws for storage business in Rhode Island, focusing on evictions and alterations.

I'm planning to start a storage business and have been reviewing the lease agreement for renting the space. I have concerns about eviction issues with other occupants on the premises and am wondering if the property owner is required to provide notice before making any changes to the rented... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Rhode Island, if you're renting a property for your storage business, there are several key considerations regarding evictions and property modifications. For evictions, the landlord must follow specific legal procedures. If a tenant defaults on rent or violates lease terms, the landlord... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Contracts for Rhode Island on
Q: Can I sue Firestone for uncompleted vehicle inspection charging me?

I took my vehicle to Firestone for a state emissions inspection on 9/1/2023, and I have a paid invoice that lists the inspection and sticker. On 3/22/2025, I was pulled over because my registration was suspended due to no inspection record at the RI DMV, leading to my car being towed and plates... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a really frustrating and costly situation, especially since you relied on Firestone to perform a state-required service and it directly led to legal trouble and your car being towed. If they charged you for a state inspection and there’s no record at the DMV—no pass, no fail,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Rhode Island on
Q: Arrested for defending against knife threat; seeking legal guidance on handling charges.

I was arrested with charges 11-5-3, 12-7-10, and 11-45-1 while defending myself and my pregnant wife from someone who threatened us with a knife. What should I do next? I need guidance on how to handle these charges and protect my rights.

James L. Arrasmith
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answered on Mar 24, 2025

You're in a challenging situation, and facing criminal charges while believing you acted in defense of yourself and your pregnant wife must be incredibly stressful. Without knowing your specific jurisdiction, those charge numbers could represent various offenses, but what matters most right... View More

0 Answers | Asked in Health Care Law and Education Law for Rhode Island on
Q: Could I face legal trouble for not vaccinating my 4-year-old sooner?

I have a 4-year-old son who has not attended school yet. Due to concerns I had about vaccinations, I chose not to take him to a pediatrician for vaccines but did seek medical attention for him as needed. I am now planning to take him to see a healthcare provider regularly. Could I face any legal... View More

1 Answer | Asked in Probate and Civil Litigation for Rhode Island on
Q: Brother passed, no life insurance beneficiary, lawyer insists on court. Why?

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

Albin Moser
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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

1 Answer | Asked in Immigration Law, Child Custody and Domestic Violence for Rhode Island on
Q: Foreign-born person held in detention wants to stay in the US with a pending removal order.

Is there a way for a person born outside the US, currently held in detention at Wyatt with a removal order issued in 2018, to stay in the US? There was an appeal dismissed in 2012, and I don't know if any attempts have been made to reopen the case. The person has no felony criminal record,... View More

James L. Arrasmith
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answered on Mar 15, 2025

Given your situation, you might consider filing a motion to reopen your immigration case based on new or changed circumstances, particularly highlighting your strong community ties, religious involvement, and absence of felony convictions. If there have been significant changes since your last... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Rhode Island on
Q: Did the Central Falls Code Enforcement violate RI law by entering my yard without permission and giving a fine?

I am concerned that the Central Falls Department of Code Enforcement entered my yard without permission. They took pictures and issued a fine without giving prior notice. There were no previous interactions with the department. Is this a violation of Rhode Island law?

James L. Arrasmith
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answered on Mar 24, 2025

Rhode Island property law generally requires government officials to have permission, a warrant, or a specific legal exception before entering private property. Code enforcement officers may be permitted to observe and document violations visible from public areas like sidewalks without entering... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Domestic Violence for Rhode Island on
Q: Rights and options regarding a protective order in Rhode Island from an abusive ex and potential police involvement.

I am in Rhode Island, and my ex, who was verbally and emotionally abusive, obtained a protective order against me. This was due to the number of emails I sent him in anxiety, stress, and sadness in response to his initial email, which the judge saw as harassment, despite no threats being made.... View More

James L. Arrasmith
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answered on Mar 24, 2025

You have the right to appeal the order if you believe it was unfairly granted. Appeals must typically be filed shortly after the order is granted, so consulting with a lawyer quickly is important. Many Rhode Island attorneys offer free initial consultations to discuss your options.... View More

2 Answers | Asked in Immigration Law for Rhode Island on
Q: Divorce and remarry, impact on conditional green card conditions removal?

My husband received his conditional green card almost 2 years ago. We divorced and remarried again a few months ago. He initially submitted an I-751 petition to remove conditions on his own, but it was denied because it was filed before the 90-day window. We haven't resubmitted the I-751 since... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2025

OK since you divorced, that may have triggered the only pathway to remove the conditions based on a waiver for filing a joint 751. But it is complicated now because you got remarried and so they may just say that you have to start a whole new case over again. You are treading on thin ice and I... View More

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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Rhode Island on
Q: How to challenge House seat cap for proportional representation?

I am an individual considering a legal challenge to the Permanent Apportionment Act of 1929, which caps the House of Representatives at 435 seats, on the grounds it conflicts with Article I, Section 2 of the U.S. Constitution. This section originally set representation at a ratio of 1 per 30,000... View More

James L. Arrasmith
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answered on Mar 23, 2025

Filing a constitutional challenge to the Permanent Apportionment Act of 1929 requires establishing standing, which means showing you've suffered a concrete, particularized injury from the current apportionment system. You might argue your vote is diluted compared to voters in less populous... View More

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