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Rhode Island Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Rhode Island on
Q: my childs mother disclosed to me her lawyer was trying to pursue a relationship with her. she then said he fired herbut

now a week later she says he said he cant fire her and will be representing her this week when i have to appear for family court seems wrong what can i do i don't have a lawyer either?

Albin Moser
Albin Moser
answered on Sep 20, 2023

It is unethical for a lawyer to try to start a relationship with a client during a child custody case or child support case. You can file a written complaint about this with the disciplinary board. Here is some information about that:... View More

1 Answer | Asked in Tax Law for Rhode Island on
Q: 2008 income taxes

I live in GA now, I just had a wage garnishment come up on my paystub & when inquired about this was told it was from RI. Called them & it’s from 2008 when I was married and husband at time filed our taxes jointly. I made less then 10k that year & he owed. So It’s his debt but... View More

James L. Arrasmith
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answered on Sep 14, 2023

You may have options to address this situation:

1. Innocent Spouse Relief: If you believe you are not responsible for your ex-spouse's tax debt, you can explore the possibility of innocent spouse relief with the IRS. This relief may relieve you of liability for your ex-spouse's...
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2 Answers | Asked in Real Estate Law and Elder Law for Rhode Island on
Q: Some years ago, my aunt put her house in my father's name. She recently died and my father now owns the house.

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?

John Michael Frick
John Michael Frick
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

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3 Answers | Asked in Probate for Rhode Island on
Q: How can find out if I'm mentioned in a will without the executor or anyone else finding out?

I've always wondered if my Grandparents "disinherited me" (long story!). It's more of a personal concern than financial. I'm financially independent and don't need or expect anything, but the situation is strange enough that I'd like to "sneak behind the... View More

Albin Moser
Albin Moser
answered on Sep 14, 2023

If your grandparents are still living then no. If the maker of the will is still living then no one can read the will without the maker's permission. If your grandparents are deceased then maybe: Upon the maker's death the will would be probated, if there is any probate estate. Those... View More

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1 Answer | Asked in Family Law and Child Support for Rhode Island on
Q: My son is in Rhode Island, he graduated high school and is over 18. Can I stop paying child support?
Albin Moser
Albin Moser
answered on Aug 27, 2023

If your child support judgment is a Rhode Island Family Court judgment then yes. If your child support judgment is not a Rhode Island Family Court judgment then no. Your son's presence in Rhode Island does not change your child support obligation. Some states such as Massachusetts can order... View More

1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Legally do i have to tell my ex wife the name of my girlfriend, if I want to bring my our child there for a sleepover?
Albin Moser
Albin Moser
answered on Aug 26, 2023

It is not legally required, no, unless you agreed in your divorce that you would. Often in marital settlement agreements the parties will promise to keep each other informed about where the child is staying and with whom. Even without an agreement it is customary that parents will give each other... View More

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: Is a General Release form that's signed by me (and witness) a binding document?

I'm an estate beneficiary and was promised by the probate attorney that I would receive a check for a certain amount upon my signing (with witness) the General Release form per Rhode Island Probate Court. I performed as asked and mailed the form back. The attorney later emailed me stating that... View More

Albin Moser
Albin Moser
answered on Aug 22, 2023

You are bound by the release you signed only if you get the money stated in it. The attorney for the executor or administrator is saying no, you won't get that amount of money, you will get something less. That means that the release is not binding on you. Unless you sign a release for the new... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Rhode Island on
Q: how is legal and equitable interest transfered or assigned
Albin Moser
Albin Moser
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

2 Answers | Asked in Criminal Law, Personal Injury, Family Law and Domestic Violence for Rhode Island on
Q: I was violently assaulted by my brother in February of 2023. I didn’t press charges; is it too late for me to do so now?

When my brother attacked me, he punched me in the face and broke my face open. I had gone to the hospital and had to get stitches. The cops came to the house after my brother punched me but I didn’t press charges then. While at the hospital my husband (who witnessed the assault) called the cops... View More

Albin Moser
Albin Moser
answered on Aug 16, 2023

It's not too late for you to file a complaint with the police department. It is up to the police whether or not to investigate it. It is up to prosecutors whether or not to bring evidence to a grand jury, get an indictment and charge your brother. You have other options in addition to this.... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Rhode Island on
Q: Hi, I am not getting anywhere with accessing my late father's executor/wills order petition to dis. Is it open records?

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

Albin Moser
Albin Moser
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

1 Answer | Asked in Foreclosure and Real Estate Law for Rhode Island on
Q: After a drawn out period of time with poor communication, it appears my house will be going up for foreclosure. Advice?

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

Albin Moser
Albin Moser
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

1 Answer | Asked in Copyright and Intellectual Property for Rhode Island on
Q: Am I allowed to use copy righted photos on Medium, a blogging website? It’s like YouTube, you can make money
Albin Moser
Albin Moser
answered on Jun 29, 2023

No, in fact that is the very thing you cannot do with a copyrighted photo. You cannot use it for your own profit. There are companies that go around threatening people with lawsuits for using other people's copyrighted images on their websites and blogs. Often it is a bluff but it is stressful... View More

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: I planted 6 shrubs 9 mos ago 3' from agreed border. Neighbor' survey this week shows 12" over says now his. Who's r they

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

Albin Moser
Albin Moser
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

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1 Answer | Asked in Business Formation and Business Law for Rhode Island on
Q: What advice do you have for partnering with someone in building a new company?... Like two of you owns the company
John Michael Frick
John Michael Frick
answered on Jun 11, 2023

In many instances, limited liability companies are a good form of business organization for a small business with two owners. Remember to include an easy quick way to resolve any disagreement between the two owners in the company agreement. Remember to elect to be taxed as a sub chapter S... View More

1 Answer | Asked in Car Accidents for Rhode Island on
Q: On Dec 6 2022 I was rear-ended on I-295 in Johnstone RI, traffic slowed d own to a stop and I was hit. My car

hasn't been fixed yet the car that hit me claims he was hit also. The insurance companies are blaming each other my insurance company payed for a rental but for only 30 days what can I do about this?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2023

A Rhode Island attorney could advise best, but your question remains open for three weeks. In these settings where there are multiple vehicles hit in the rear, the claims could drag out indefinitely, depending on how they are handled. One option is to try to set up a free initial consult to... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Rhode Island on
Q: How can I request to be reimbursed from a contractor on a plumbing job done incorrectly?

Contractor hired last year to redo bathroom. Installed shower valve wrong which lead to plumbing leaks. Had to hire a plumber to rip open walls and fix.

Neville Bedford
Neville Bedford
answered on Dec 21, 2022

A homeowner may file a complaint against a contractor who performed work on their home. A complaint can also be filed against those professionals the CRLB licenses. Complaints cannot be filed on work conducted on commercial properties.

The list of contractors includes, but is not limited...
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1 Answer | Asked in Criminal Law and Car Accidents for Rhode Island on
Q: Is there a good chance that I can qualify for accelerated rehabilitation it being my first offense?

Also being charged for driving to endanger resulting in serious bodily injury. It is not what happened but its what I'm being told.

Neville Bedford
Neville Bedford
answered on Dec 21, 2022

"what I'm being told ..." Hopefully, you are being guided, informed, and represented by a licensed attorney who is helping you topprepare and defend the case. Part of that advice will likley include NOT making ANY statements in public (forum like this) to preserve your constitutional... View More

2 Answers | Asked in Trademark for Rhode Island on
Q: How do I acquire this trademark? This company was established by my great-great-grandfather; I’d like to re-establish.

I’m looking to utilize my family’s trademark to establish a condiment business. I would like to understand what financial and legal steps that I would need to take in order to re-acquire this trademark on behalf of my family

William D Ramos
William D Ramos
answered on Dec 14, 2022

Hi,

A lot of detail is missing but I will provide the best answer possible in light of this. If this trademark has been used, and continues to be used, in the condiments business, you have a common law claim to its being trademarked. This does not impart the same protections as being...
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2 Answers | Asked in Trademark for Rhode Island on
Q: How do I acquire this trademark? This company was established by my great-great-grandfather; I’d like to re-establish.

I’m looking to utilize my family’s trademark to establish a condiment business. I would like to understand what financial and legal steps that I would need to take in order to re-acquire this trademark on behalf of my family

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Dec 14, 2022

It is not clear from your question whether the mark was previously registered -- you refer to "acquire" which is not necessarily the same thing. If the mark has been, and continues to be used, you can apply with the USPTO for federal registration. Contact me for a free consultation to... View More

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1 Answer | Asked in Divorce for Rhode Island on
Q: When my case is over, can I ask for my entire file from my attorney and what are they allowed to charge?
Neville Bedford
Neville Bedford
answered on Dec 13, 2022

Your retainer agreement signed with the attorney addresses the contractual obligation and fee agreement & charges that are "reasonable" according to professional standards. You may request your file at any time. Note that the court also retains copies of all documents filed there for... View More

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