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Rhode Island Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: Is the executive of an estate required to fix property issues under an informal lease?

I have been living on a property under an informal lease for over 70 years. Recently, the executive of the estate—named about a year ago—has not addressed significant repair issues, such as there being no floor in the kitchen and bathroom, just holes covered by plywood. We have asked the... View More

Albin Moser
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answered on Mar 18, 2025

It doesn't look good, sorry. While executor of the probate estate that holds the real estate does have an obligation to keep the premises up to minimum housing standards, and maybe these holes and plywood do or don't comply with the housing code, your big problem is that you have no... View More

1 Answer | Asked in Probate and Civil Litigation for Rhode Island on
Q: Brother passed, no life insurance beneficiary, lawyer insists on court. Why?

My brother passed away last year, and he had no beneficiary listed on his life insurance, so it goes to the next of kin, which would be me and my two brothers. He had no children and was never married. I hired a lawyer to help me obtain a letter of appointment, which I have received. However, my... View More

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answered on Mar 18, 2025

When a life insurance policy has no beneficiary designation the terms of the policy will often require that the proceeds of the life insurance go through probate court. In probate court it is required for the person appointed (the probate administrator) to notify heirs at law and any potential... View More

2 Answers | Asked in Immigration Law for Rhode Island on
Q: Divorce and remarry, impact on conditional green card conditions removal?

My husband received his conditional green card almost 2 years ago. We divorced and remarried again a few months ago. He initially submitted an I-751 petition to remove conditions on his own, but it was denied because it was filed before the 90-day window. We haven't resubmitted the I-751 since... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2025

OK since you divorced, that may have triggered the only pathway to remove the conditions based on a waiver for filing a joint 751. But it is complicated now because you got remarried and so they may just say that you have to start a whole new case over again. You are treading on thin ice and I... View More

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1 Answer | Asked in Child Custody and Arbitration / Mediation Law for Rhode Island on
Q: Is it too late to file a motion for temporary visitation in Rhode Island?

I had an informal visitation agreement where I spent time with my daughter every Friday through Tuesday for over a year until January 20th. My ex stopped my visitations after I got a new girlfriend, fearing I would introduce our daughter to her, even though there is no safety threat. There are no... View More

Albin Moser
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answered on Feb 21, 2025

It's not too late. You can write up the motion, state on it that this motion will be heard on March 14, 2025 at which time this matter is already on the calendar, include at the back of the motion a Certificate of Service stating that you served this motion upon your ex by U.S. Mail on such... View More

1 Answer | Asked in Health Care Law for Rhode Island on
Q: Would I get penalized for not having health insurance for 2 months in Rhode Island due to affordability problems?

I will not have health insurance in between 1/31/25 and 4/15/25. I can't afford my previous employer's COBRA or the $235 premium that the state insurance program offered me.

Albin Moser
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answered on Feb 5, 2025

The State of Rhode Island might try to penalize you, yes, but you might be able to show that you are exempt from the penalty. To do that, you could apply for a hardship exemption through the state website. I suggest that you look up on Google, "Application for an Exemption from the Rhode... View More

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: I live with my boyfriend can I just take my daughter and leave he says I can't leave permanently with her
Albin Moser
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answered on Feb 5, 2025

Yes, you can take your daughter and leave. The police will not stop you. The police will say that custody is a civil matter that must be resolved in Family Court. You can file a case in Family Court to get a determination of paternity, custody, child support and parenting time. The court's... View More

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

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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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