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2 Answers | Asked in Estate Planning and Real Estate Law for Rhode Island on
Q: Is there a way of signing over our home to my son, maintain life tenancy, and exclude his current wife?

The home has been in the family for multiple generations and we are not certain his current wife is in this long term and want to be certain if we sign it over she can't get it if they divorce.

Albin Moser
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answered on Dec 3, 2021

The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her... View More

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1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Can a landlord keep your security deposit and not let you move in
Albin Moser
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answered on Dec 3, 2021

No.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Rhode Island on
Q: I rescued 6 wk old blind bulldog. I pay all the vet bills,heartwarm grooming ect. Reg to me. How do I get her back
Neville Bedford
Neville Bedford
answered on Dec 6, 2021

It is unclear from whom or what you wish to get your rescue pet back from. If the pet was stolen from you, you may try contacting the police. If an owner with superior title has taken the pet, you may have to file a civil case. Make arrangements to meet with your local attorney to discuss all of... View More

1 Answer | Asked in Contracts for Rhode Island on
Q: Is there a specified number of days from issuing an invoice before you sue?
Albin Moser
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answered on Dec 3, 2021

If the contract states a time of payment, then you can sue at any time after the due date. If there is no due date, then you can sue after a reasonable amount of time has passed. After a reasonable amount of time has passed and no payment, a common practice is to send a second notice. Usually you... View More

2 Answers | Asked in Child Custody and Family Law for Rhode Island on
Q: Does the noncustodial parent have to meet the person the other parent is dating before the child can be around them?
John  Larochelle
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John Larochelle
answered on Nov 7, 2021

The is no law or automatic mandate that requires the noncustodial parent to meet the custodial parent’s romantic interest before the child is permitted to be in the presence of the romantic interest. Sometimes, the details regarding when children will meet a romantic interest of a parent are... View More

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1 Answer | Asked in Personal Injury and Traffic Tickets for Rhode Island on
Q: Son was in an accident with another party who was using a personal vehicle as a business vehicle

My son was in a car accident with another party. Small accident where he rear ended the person in front of them. No one was hurt but his air bad went off. Small dent to the persons mini van. The women stated to me at the scene she was in route to a catering activity (and this wasn’t her vehicle)... View More

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2021

A Rhode Island attorney could advise best, but your question remains open for two weeks. As a GENERAL principle nationwide, one could sue for damages they sustained by another vehicle - that seems to be the central crux of your concerns when you ask whether her claim means anything.

But...
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1 Answer | Asked in Consumer Law for Rhode Island on
Q: Who enforces an implied warranty of merchantability
Neville Bedford
Neville Bedford
answered on Nov 5, 2021

The court, once the buyer presents their case, after they meet their burden of proof.

1 Answer | Asked in Tax Law for Rhode Island on
Q: My dad died over five years ago and we just found account worth $50,000. I received the check made out to "estate of

John Smith with my name C/O Joe Smith, executor. We never setup an Estate bank account when he died.... I do have the Probate Certificate of Appointment paperwork which was why the check was sent to me. Can I deposit in my personal account and share with siblings that way or do I need to open... View More

Neville Bedford
Neville Bedford
answered on Nov 5, 2021

Check in with the lawyer who helped you get that appointment. They will explain the process of reopening the case to deposit the check and then close it again.

1 Answer | Asked in Business Formation and Business Law for Rhode Island on
Q: Ri based condo association attorney recommending the following by-law changes with respect to quorum.

In anticipation of this year's annual meeting the executive board and

management are recommending the attached amendment to the

associations by-laws.

Our current quorum requires call for a minimum of 60% of the

community to participate in order for any business... View More

Neville Bedford
Neville Bedford
answered on Nov 5, 2021

This is not the place to conduct condo association business. Meet with your attorney in private to discuss the impact of this proposed revision. §34-36.1 will likely come up during your consultation http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-36.1/INDEX.HTM

1 Answer | Asked in Family Law for Rhode Island on
Q: My 7 year old son and I reside in RI. His father moved out of State back in July. My question is, I plan to also move…

Out of state (different state) next summer. We have nothing filed legally with the court. We were never married. He is on the birth certificate. Do I need to do anything other than inform him that I’m planning to move?

Neville Bedford
Neville Bedford
answered on Nov 5, 2021

If you are all in agreement and he supports the move, you may not need to involve the court at all. It is surprising to hear there is no court involvement. Hopefully that also means you have a fair agreement for him to provide support for your child.

1 Answer | Asked in Education Law for Rhode Island on
Q: Eligibility for IEP under state law - school is denying services based on assessment performance -dyslexia diagnosis

School is denying services because student has performed well on screenings in school. Have a certified diagnosis by neuropsychologist and student has been receiving reading interventions through the RTI process 3x per week by reading specialist. This is also the child's second time in... View More

Kimberly Winslow
Kimberly Winslow
answered on Oct 28, 2021

I advise requesting a formal special education evaluation, and potentially consulting with a Rhode Island special education attorney on this matter. RTI may not be used to delay/deny an evaluation.

See: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep11-07rtimemo.pdf...
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1 Answer | Asked in Divorce for Rhode Island on
Q: Hi I'm currently on SSDI and considering a separation from my husband what are my entitlements??
Neville Bedford
Neville Bedford
answered on Nov 5, 2021

You may claim a right to half of the Marital assets. Meet with an attorney to review the Marital Estate and learn about the process in confidence.

1 Answer | Asked in Consumer Law and Small Claims for Rhode Island on
Q: Can a lawyer serve me court papers for a credit card bill 13 years old in ri?

This collection agency has been doing this to me over and over. I'm on disability and can't afford this and I can't handle the stress.

Albin Moser
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answered on Sep 21, 2021

Usually you cannot be sued on a credit card debt that is older than ten years. Also, recipients of Social Security Disability are usually not subject to collection. If all you have is disability benefits, then the collection agency or law firm cannot take your money. If you explain that you are on... View More

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: I own a house with my parents. Jtwros. My husband and i live there with them. We are separating. Can he claim ownership?

We are common law married. We've lived in the house for over 10 years.

Albin Moser
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answered on Aug 30, 2021

If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I have a legal document created on July 26. Bottom of letter attests letter was brought to PO July 24.

Would the conflicted dates result in technicality?

Albin Moser
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answered on Aug 24, 2021

if the document is a notice and there is a period of time required for notice, then the date the notice was actually sent is going to be important to establish whether or not there was sufficient notice. If there is evidence that the notice was not sent on the date stated, then that evidence can be... View More

1 Answer | Asked in Social Security for Rhode Island on
Q: My father died, I am an unmarried only child that is on disability, can I claim survivors benefits ?
Elizabeth Fowler Lunn
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answered on Aug 2, 2021

You cannot get survivors benefits because you are an adult. If you became disabled prior to age 22 and have never been married you can file for Disabled Adult Child benefits.

1 Answer | Asked in Car Accidents for Rhode Island on
Q: i was at a stop sign at a intersec. both lanes stopped to let me cross. a car passed the car on the rh leting me out ?

both lanes of travel stopped to let me out at a 4 way intersection. left to me an to right the other vehicle went into brakedown lane passing 2 stopped vehicles to the right of me on the right side and hit mine. no cars was turning both lanes of travel was stopped letting me cross it is a 2 way... View More

Carl P. DeLuca
Carl P. DeLuca
answered on Jul 22, 2021

Initially, the auto insurance companies may determine that the other vehicle had the right of way because that's the way they think, but there is Rhode Island case law stating that if the car ahead of you stops for something you have a duty to determine why before proceeding. The fact that... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on
Q: What do I do if a 16 year old is summoned to a family court but is outta state to attend the court what happens
Neville Bedford
Neville Bedford
answered on Jul 20, 2021

Family court is being held remotely now = online. Speak with your attorney to find the login credentials and avoid offending the court.

1 Answer | Asked in Traffic Tickets for Rhode Island on
Q: My 18 yrold got rolling stop sign ticket. Officer put her middle as first and miss spelled mine totally.Could we fight?

How can he see her roll and not even be able to write the correct information that is directly in front of his face?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 2, 2021

Yes, you could fight the ticket on a technical basis, however if you go to trial and the office testifies that he stopped your daughter and that your daughter is one who committed the infraction, then the Court will almost always considered this technicality as a non-issue. That said, you should... View More

2 Answers | Asked in Trademark for Rhode Island on
Q: Is it legal to be using my name in a trademark store Jerris Apparel?
Carl P. DeLuca
Carl P. DeLuca
answered on Jun 30, 2021

Could you clarify that question? I'm not sure what you're asking.

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