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Rhode Island Questions & Answers
0 Answers | Asked in Contracts for Rhode Island on
Q: Breach of contract question - landscaper contracted to install a drainage system. Paid half up front, $7500.

We hired a contractor to install a drainage system, paid him $7500 up front. The job was supposed to be done June "weather permitting". It was a rainy summer so some delay would have been acceptable, but by the end of August he still had not started. Then he was involved in an accident... View More

0 Answers | Asked in Criminal Law, Federal Crimes and Personal Injury for Rhode Island on
Q: person says undetectable. For hiv and transmitted hiv to me in rhode island Is this a criminal act

I was told he was undetectable and found days later it was not taking any medication nor took it for the last 3 months and find out I'm positive because of this person

1 Answer | Asked in Immigration Law for Rhode Island on
Q: I filed for green card in 2018 and vawa in 2020. I was approved last in 2023 but no green card. What can I do?
James L. Arrasmith
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answered on Dec 20, 2024

Having multiple immigration applications can make the process more complex, but there are steps you can take to move your case forward.

You should first contact USCIS directly through their website or phone line to inquire about your case status. Since your VAWA petition was approved in...
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0 Answers | Asked in Traffic Tickets for Rhode Island on
Q: I got pulled over for driving without a license in Rhode Island. Can I retake my permit test I passed, before court?

I was pulled over for driving without a license, I had my permit before but it expired before I could get a road test appointment. If I retake the permit test before my court date will they allow me to get it? Or will they take it away in court

0 Answers | Asked in Consumer Law for Rhode Island on
Q: Does RI have any laws or legal precedents that allow for recovery of gambling losses?

I'd like to understand if RI recognizes any right for individuals to recover gambling losses, whether through specific laws, precedents, or civil suits. Can't find anything in the iGaming Bill.

0 Answers | Asked in Landlord - Tenant for Rhode Island on
Q: My landlord is showing up harassing me over unpaid rent is that legal?

I didn't pay for November b/c there has been a noise issue that I've been trying to get her to fix, but she hasn't answered me since October. It's so loud I can't sleep. She texted me 2x yesterday to say she noticed I hadn't paid. Today she was waiting for me to wake... View More

2 Answers | Asked in Contracts, Criminal Law, Family Law and Social Security for Rhode Island on
Q: Is it illegal if a parent 'legally' robbed their child of their inheritance left in a will by her father before death?

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

Albin Moser
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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

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3 Answers | Asked in Immigration Law for Rhode Island on
Q: How do I prevent my naturalized citizen daughter in law from being deported by Trump?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 11, 2024

Generally, a naturalized US citizen can no longer be deported

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1 Answer | Asked in Trademark for Rhode Island on
Q: I filed for a trademark using a personal address, is there anything I can do to have this hidden in public records?

I do not have a physical location for my business, so I used a personal address. I am a bit controversial online, and this information being public could be risky for me. Thank you for answering.

James L. Arrasmith
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answered on Oct 18, 2024

Using a registered agent service can help keep your personal address private in public records. These services provide a business address that can be listed instead of your home address, ensuring your personal information remains confidential.

You might also consider updating your trademark...
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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for Rhode Island on
Q: I want to file for divorce in state of RI. What are my first steps. Doesn’t look like it will be an amicable divorce.

He is a narcissist

Albin Moser
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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.

Q: How does the law apply to commercial record requests, if used as part of a broad market research & Data analysis?

Can info gained from Public Record Requests be used in broad data gathering research to later be used for commercial purposes, if it is not disadvantageous, OR is advantageous to the organization providing the data? Would it make a difference if the organization knowingly provided the data?

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

It could depend on the fine print of privacy notices and "how we use your information" clauses that the individual was originally presented with. Some info is still off-limits, such as those records falling under the protection of HIPAA. Good luck

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1 Answer | Asked in Tax Law for Rhode Island on
Q: An online platform, Vinted, is charging sales tax on clothes to a clothing tax exempt state-Rhode Island.

I’ve contacted support numerous times, but they did not care. This was maybe a couple of years ago. I just stopped shopping with them. Now, I just checked again, and they are still charging sales tax on clothes. Can they be stopped? It’s just ridiculous that they blatantly do not care; and who... View More

James L. Arrasmith
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answered on Oct 4, 2024

I'm sorry to hear about the frustration you're experiencing with Vinted. Since Rhode Island exempts clothing from sales tax, it's important to ensure that your account settings reflect this status. Double-check your tax exemption status in your Vinted account settings to make sure... View More

1 Answer | Asked in Constitutional Law for Rhode Island on
Q: I thought roe vs. wade was about the 14th amendment and the right to privacy. How can the government take that away?

If the 14th amendment is a constitutional “right” how can the Supreme Court say that a woman forfeited that right of privacy. Is the 14 amendment a right or privilege? My understanding was that Roe v. Wade suggests that the right to privacy when it is related to medical info about an... View More

James L. Arrasmith
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answered on Oct 2, 2024

You’re right that Roe v. Wade was initially grounded in the right to privacy under the 14th Amendment. This decision recognized that individuals have certain personal freedoms, especially concerning medical decisions like pregnancy. The 14th Amendment primarily protects rights, ensuring equal... View More

1 Answer | Asked in Family Law and Probate for Rhode Island on
Q: Why would an estate be divided between 1 living and 3 deceased siblings?

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

Albin Moser
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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

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Rhode Island on
Q: I’m on ssi and Medicaid. I live in my dad’s home with my mom who also gets ssi and Medicaid…Mom and dad never married “”

My dad wants to do a life estate so me, mom and my step-brother can have the house without going through probate. Will getting the house affect mine and my moms SSI and Medicaid? We are keeping it to live in as our primary residence in RI. My step-brother owns his own home, will that affect his... View More

James L. Arrasmith
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answered on Sep 25, 2024

If your father creates a life estate and transfers the house to you, your mom, and your step-brother, it likely won’t affect your SSI and Medicaid benefits as long as you continue to use the house as your primary residence. For Medicaid, one primary residence is generally considered an exempt... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Rhode Island on
Q: Can I name 3 people on my life estate

Im drawing up a life estate deed and want to name biological son, step-son and there mother whom I was never married to. I want my son and his mom to live in the home’ for life’. My step-son owns his own home but don’t want to leave him out..Will that be an investment property to my step-son... View More

Nina Whitehurst
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answered on Sep 25, 2024

Your intentions are unclear. Do you want to grant a life estate to your son and his mother for their joint lives, remainder to you? (So you move out while they are alive and then move back in when they die.) Or do you want to convey the property to them, reserving a life estate to yourself? (You... View More

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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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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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