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Rhode Island Questions & Answers
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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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.

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

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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1 Answer | Asked in Personal Injury for Rhode Island on
Q: I cut my pinky finger in an accident and was told Id be okay in a day or two but it ended up being paralyzed permanently

This was 4 to 5 years ago at least I believe and a hospital visit.

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. I'm sorry this happened to you. Unfortunately, that timeline goes back a while. It would be best for RI attorneys could advise on your state's statutes of limitations. You could reach out to local... View More

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 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 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 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

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:...
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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 Contracts, Criminal Law and Real Estate Law for Rhode Island on
Q: As to the recording voice and video does The State of Rhode Island require that all party's being recorded be informed?

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

Nicholas Arthur Matlach
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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...
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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 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

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 Consumer Law, Small Claims and Collections for Rhode Island on
Q: received a voicemail saying I was being sued and to call a number.when I call it’s from a loan from 2020

It was from a company called zaca I had a loan for 900

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If you're being sued, that generally involves receiving legal papers such as a summons and complaint. If you're the subject of a collection action, that could involve being notified by phone. You'd... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Rhode Island on
Q: Is an art installation of signs promoting kindness near construction zones illegal in RI?

In accordance with Rhode Island law, could the creation of an art installation on featuring letter-sized, brightly-colored signage promoting positivity, kindness, and safe driving behaviors on highway light posts near areas affected by infrastructure failures and construction zones be subject to... View More

James L. Arrasmith
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answered on Mar 8, 2024

In Rhode Island, as in many places, placing signs or installations in public spaces, especially near highways and construction zones, generally requires adherence to specific regulations and obtaining permission from the relevant authorities. This is due to safety considerations, as well as... View More

1 Answer | Asked in Criminal Law for Rhode Island on
Q: How do i contact my public defender after a decade

Hypothetically if you were to have commited a misdemeanor and left the state instead of going to court about 9 years ago, how would you go about contacting your lawyer to finally address it

Thomas Briody
Thomas Briody
answered on Feb 4, 2024

I doubt your public defender will still be assigned to this case. You could contact the public defender’s office and explain the situation. Or you could contact a private lawyer. There may be a warrant out for you. But it should not be difficult, if it’s a misdemeanor and you have had no... View More

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