Get free answers to your Real Estate Law legal questions from lawyers in your area.
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
Our mother has passed and we need to resolve this. Thank you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
One month after signing a lease I recorded a video with sound of my landlady in a rooming house in Warwick Rhode Island. She told me that she was writing new rules as an addendum to the lease and then I was excluded from parts of the house that were in the lease.
during that confrontation... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024
It sounds like you're in a very challenging situation, and I understand wanting to explore all options. Whether you can use the recording in a court case depends on a few factors:
- Rhode Island's Consent Laws: Rhode Island is a "one-party consent" state. This means you... View More
We sold a home earlier this year and disclosed that the garage had flooded. We also said that we asked the home builder to come fix it (since the home was newly built) which he did. It never flooded again after the work he did so to us it was fixed.
We closed on the sale earlier this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023
You are protected. Caveat emptor, let the buyer beware. The risk of flooding is something that the buyer took on when the buyer bought the property. The buyer has no case against you. The buyer might have a case against the builder if there is something wrong with the construction and the... View More
They removed all owner contact information from our website
Is that legal
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023
In addressing the legality of a Homeowners' Association (HOA) rule restricting mass communication among owners, it's necessary to review the governing documents of the association, such as the bylaws and covenants, conditions, and restrictions (CC&Rs), as well as state law. HOAs do... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2023
Anyone can grant a life estate to anyone, regardless of whether or not the grantor and grantee are related. If the deed is valid then the life estate is valid. If someone were to try to challenge the deed on the argument that they are a closer relation, their closer relation is not enough in itself... View More
He wants to sell the house to my son (his grandson). We are being told that the house must be sold at "fair market value". Can he not sell the house at whatever price he chooses?
answered on Sep 14, 2023
While I think Mr. Gallo's answer is correct based on the question as phrased, I sense a Medicaid look-back issue. Whether such an issue exists depends on whether your aunt received long-term care benefits through Medicaid, which is not mentioned in your question. When a Medicaid recipient... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2023
Usually by a written deed that describes the real estate, describes the interest being conveyed, is signed by the grantor, is given by the grantor to the grantee and recorded with the city or town in the land records. There are other requirements but those are the main ones. Usually a lawyer... View More
I live in KY, but it was carried out in Rhode Island, and its hard to do things when your 1000+ miles away, and all the paper work is in a storage unit in RI, is there any other way i can go about finding out the information within it like the lawyers name? Something where i can get started??? Im... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023
The petition and order you are looking for are in the records of the probate court for the town or city in which your father last resided. You can call the probate court for that town or city and speak to the probate clerk, ask for a copy of the records. Probate records are not usually available... View More
I will speak to the company Monday, but I want to get ahead of this. The home is worth approx $100k more than I currently owe. I wanted to see what my options are. I do not have a lump sum needed to fully catch up with my payments, and have been working to adjust my payments so that I can resume... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023
The cash for houses websites are unlikely to be your best option. Selling the house is certainly an option. Also there are programs available through Rhode Island Housing for you to mediate the matter with the mortgage servicer to avoid foreclosure and explore your options to refinance instead. The... View More
for 5+ years, we agreed on boundary, neighbor cutting grass up to such point.
Neighbor never questioned location when they were planted even though he questioned separate border that day
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2023
If neighbors agree upon a boundary line then that can become the legal line, even if a survey based on the old line says otherwise. The problem you have is that the neighbor no longer agrees to the boundary line and wants to go by the survey instead. It might be hard to come up with evidence that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023
Cosigner on a Note does not make that person a tenant in common., etc. Hire a RI attorney to search the Title and determine ownership. At least read your Deed.
What is the ownership status for a house that we inherited from our mother? She passed away 20 years ago and my brother took control of her house but the two of us never followed through with the quit claim process. Do we legally own the house jointly?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2022
You still have an ownership interest that you can assert. If a probate was never opened, one would need to be opened so that the property could be properly transferred to the rightful heirs. I would need more information - whether there was a will or a trust, and how the property was deeded prior... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2022
Legal Descriptions give the angular calls and distances between corners of the property, or may be lot reference to a certain lot on a recorded subdivision plat, which then shows angles and boundary lengths for all lots. Some places use the rangeship/ township method of describing a certain parcel... View More
Also, can a tenant in common ask any amount for its share where no pre-existing agreement exists betw the tenants
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2022
Tenants In Common almost always have a right to sue for a Sale For Partition. The Court ordered Sale price is for the whole property, which is then disbursed according to the order. Each Tenant normally gets the same after expense share, although sometimes there are equitable adjustments.
My brother has lived there most of his life, but never took over any financial or other responsibility for the house while my father was alive
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2022
If your father conveyed his entire interest in his house to your brother then the house would not be part of the probate estate because the house was not owned by your father at the time of his death.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2022
No, you do not have to retain the real estate until the case is done, but there are some things you should do before you sell it. You do need to gather your evidence while it is still fresh, and give the contractor the opportunity to do the same.
First, hire a registered contractor to look... View More
answered on Feb 21, 2022
Check with the regulations at https://www.sos.ri.gov/divisions/open-government-center/rules-and-regulations/building-and-fire-codes
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
