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Rhode Island Questions & Answers
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.

0 Answers | Asked in Employment Law for Rhode Island on
Q: I worked on a paid holiday and never got time and a half or 8 hours of holiday pay but my coworkers who didn’t work, did

I worked on a paid holiday (that they never verbally specified was a paid holiday, otherwise I wouldn’t have even came in that day) for 4 hours and never got time and a half for working or my 8 hours of holiday pay. My coworkers who didn’t even come in that day have gotten their 8 hours of... View More

0 Answers | Asked in Employment Law and Elder Law for Rhode Island on
Q: When you feel like you are being pushed out at age 63 what do you do?

I feel i am being treated differently by my boss, false accusations, micro management, undue stress

0 Answers | Asked in Criminal Law, Banking and Collections for Rhode Island on
Q: I am currently court ordered to pay restitution to Centerville bank,I did 2 1/2 years in prison but not for that crime.

Am on ssi and my rent pretty much exceeds my monthly check and can't afford to keep going to court and try to pay.what can I do is it possible for a civil judgement?

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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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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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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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:...
View More

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1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Hello -My divorce was finalized in 2019. Our daughter is going to be 12 this year and it is a joint custody agreement.

As part of the divorce, my ex-wife declared that our daughter couldn't stay overnight with me when there is an adult female there.

The divorce was long and drawn out over many years and I reluctantly agreed. This is now part of our divorce agreement.

I have been dating the... View More

Albin Moser
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answered on Jun 18, 2024

The challenge you face is that you agreed to what the agreement says and it is still enforceable against you. But the opportunity here is: what exactly does it say? Look at the wording. And, if the wording is really as disadvantageous as you say it is, then next: the agreement can always be... View More

1 Answer | Asked in Small Claims for Rhode Island on
Q: I am 82 years old and handicap and my legs are getting weaker, so I was looking for a ride on mower that was easy to run

So I found one on market place for 1,150 dollars. Seller described mower to be like.New I tryed it seemed ok but he told you have to run at full throttle, then bring it right down to slow to shut it off. He even came over when I stoped and put to slow write away. I really didn’t think anything of... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If you brought the mower "as is," it could present difficulties. But you mention some issues and suspicions, that if you could prove to be true, could be helpful to you. Reach out to local attorneys -... View More

1 Answer | Asked in Traffic Tickets for Rhode Island on
Q: How do I get a 20yr old traffic ticket expunged in Rhode Island? Got a valid lic in Mich I need to renew lic in GA

I tried to renew my valid Michigan driver's license in Georgia but was told I can't bcuz of a 20yr old ticket in RI that has never come up in 20yrs. I wrote to the magistrate who stated I have to pay. I wasn't aware of this $357 ticket and I'm in a hardship. I passed Uber &... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

You need to satisfy that Magistrate. Hire a traffic ticket attorney to represent you in RI. They may be able to do better, but it will still cost you something. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain... View More

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Do you provide a document for the sale of my brothers interest in a home residence left in life estate to both of us ?

Our mother has passed and we need to resolve this. Thank you.

Andrew Bilodeau
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answered on May 14, 2024

I understand your question to be as follows. Mom had a life estate in a property and you and your brother were the "remaindermen" - the house goes to you both upon your mother's passing. Mom passed and you want to know how your brother can convey his interest to you? Yes that is... View More

1 Answer | Asked in Consumer Law for Rhode Island on
Q: How does a lawyer sue a company for lost package

how does a lawyer sue a delivery company for lost package

James L. Arrasmith
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answered on May 2, 2024

A lawyer can sue a delivery company for a lost package on behalf of their client by following these general steps:

1. Gather evidence: The lawyer will collect all relevant documentation, such as the shipping contract, tracking information, proof of value, and any correspondence with the...
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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?
Albin Moser
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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 Copyright for Rhode Island on
Q: Regarding fair use copyright: would showing a documentary at our local library for education and analysis be ok?

We are a small group of residents who want to promote discussion of important topics in our town. As such, we would like to start a video series at our local library. The library told us we needed to get copyright permission. After doing some research, I discovered the "fair use"... View More

James L. Arrasmith
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answered on Apr 7, 2024

Hi Matt,

The fair use doctrine in US copyright law does allow for limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. Whether a particular use qualifies as fair use depends on four main...
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1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: As a commercial landlord, if a tenant is in a lease on unit 1 and is paying a storage fee on unit 2 to hold for ….

Potential build-out, then backs out and you give them written notice to vacate unit 2 but they don’t… can you change the locks and begin proceedings to rent unit 2 ? Tenant has been notified this would happen.

James L. Arrasmith
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answered on Apr 16, 2024

In your situation as a commercial landlord, handling a tenant who has backed out of a potential build-out for unit 2 after paying a storage fee can be challenging. If you have already given written notice to the tenant to vacate and they have failed to comply, your next steps need to be carefully... View More

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