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Rhode Island Questions & Answers
1 Answer | Asked in Estate Planning for Rhode Island on
Q: In Rhode Island can the executor of a will live in the house of the deseased, the major asset of the estate?

Would executor need permission of beneficiaries to live there and would exector need to pay rent at current market value?

Nina Whitehurst
Nina Whitehurst answered on Nov 17, 2019

To prevent claims against the executor for breach of fiduciary duty against the executor, the executor should obtain court approval before doing such a thing.

1 Answer | Asked in Child Custody for Rhode Island on
Q: my granddaughter lives in Massachusetts I live in Rhode Island I had custody of my granddaughter when she was young her

her dad my son passed away he lived with us as well she now lives with mom and is very unhappy and wants to live with me and my husband.She has been telling me things an 11 year old should not deal with she is stressed if mom finds out she told someone what is going on.She makes her lie to guidance... Read more »

Neville Bedford
Neville Bedford answered on Nov 5, 2019

Meet with and retain an attorney to help you best present your case.

1 Answer | Asked in Criminal Law and Small Claims for Rhode Island on
Q: My now ex girlfriend is refusing to give me my paychecks that were set up to be direct deposited into her account.

She is saying because I owe her money, which I admit I do. However we made an aggreement of $300/month towards what I owe her. Now she wont give me any of my checks. What can I do?

Neville Bedford
Neville Bedford answered on Oct 23, 2019

Locate the signed copy of the agreement you wrote for the $300 a month repayment of the loan.

File it with your case in the small claims court, IF the total amount is less than $2500

see:...
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1 Answer | Asked in Child Support for Rhode Island on
Q: Should child support increase if my ex is not seeing our daughter on the agreed terms of the court?

He is supposed to have her every other weekend but never has since we have been divorced for over 3 years. She is with me full time.

Neville Bedford
Neville Bedford answered on Oct 11, 2019

Child support is calculated according to current guidelines using the combined gross incomes of the parents. Non custodial parents have a right to see their children but they have an obligation to pay child support. I have not seen any case of an increase for child support for reduced parenting... Read more »

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: What is reasonable time, when dealing with a landlord and tenant issue
Neville Bedford
Neville Bedford answered on Oct 10, 2019

Reasonable times may vary. If the pipes have burst, a reasonable time (to have the water turned off) will be far shorter than say, if the hot water was not working. It is difficult to say precisely based on the very limited information given.

1 Answer | Asked in Education Law for Rhode Island on
Q: Are school bus aides required on school buses for the trasporting of Kindergarten children?
Neville Bedford
Neville Bedford answered on Oct 10, 2019

yes, see: http://webserver.rilin.state.ri.us/Statutes/TITLE16/16-21/16-21-1.HTM

(b) For transportation provided to children enrolled in grades kindergarten through five (5), school bus monitors, other than the school bus driver, shall be required on all school-bound and home-bound routes....
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1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Can i file for custody and a visitation order if i dont know the other parties address?
Neville Bedford
Neville Bedford answered on Oct 10, 2019

You could, but it may be pointless. Even if the court allows you to give notice by way of (very expensive) advertising, you will still not know where to find your children should the court grant your prayer for placement of the child(ren). An experienced family court attorney will likely have some... Read more »

2 Answers | Asked in Family Law and Domestic Violence for Rhode Island on
Q: My brother & his girlfriend have lived in N. Carolina for about 6 yrs. and they have 2 kids. The girlfriend left with

Her new boyfriend and one of the children. When she arrived in Rhode Island she filed a domestic violence complaint with the courts in R.I. and she alleges the violence occurred in NC. Shouldn't she file in NC? Fyi- she filed this complaint to prevent my brother from driving to RI to bring the... Read more »

Neville Bedford
Neville Bedford answered on Oct 10, 2019

A2: Your brother would be well advised to consult with an attorney or two (one in each jurisdiction) to understand how the court handles the jurisdictional issue you present on his behalf. When there is a custody order in the foreign(to RI) jurisdiction, the case will normally be heard there. BUT,... Read more »

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1 Answer | Asked in Education Law for Rhode Island on
Q: What is the longest a Kindergarten student can ride on a bus to and from school?
Neville Bedford
Neville Bedford answered on Oct 10, 2019

Depending on the route and the traffic, the ride time will vary.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Rhode Island on
Q: I have a friend who was 16 years old when he got a 14 year old pregnant. Can he get in trouble now that he’s an adult?

No statue of limitations and it’s been 4 years 5 months

Gary Kollin
Gary Kollin answered on Oct 9, 2019

Depends on the statute of limitations and how much time has passed

1 Answer | Asked in Divorce and Child Custody for Rhode Island on
Q: Can i lose custody of my children because I'm dating my cousin
Neville Bedford
Neville Bedford answered on Oct 2, 2019

It's hard to say on that one fact. For a complete analysis, meet with your attorney and discuss all of the details in private.

1 Answer | Asked in Child Support for Rhode Island on
Q: I would like to payoff my back child support, do I need to file a motion or is there a protocol?

The child is emancipated.

Neville Bedford
Neville Bedford answered on Sep 16, 2019

If it is paid through the court - that is the place to make your payment. Otherwise, be sure to pay in a way you can prove you have paid.

1 Answer | Asked in Contracts and Environmental for Rhode Island on
Q: How do I get permission to walk on Open Space to preserve a grave?
Neville Bedford
Neville Bedford answered on Sep 16, 2019

Speak to the Cemetery owner.

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Rhode Island on
Q: Is it okay for my 14 yr old to be walking around at 10pm in Cranston ri
Neville Bedford
Neville Bedford answered on Sep 16, 2019

Assuming you are the parent, and you have given your child permission to walk (to unknown destination? Friends house - ? Food Hut? Dunkin? ), then it should be OK. If you have not given your child permission and they are Walking (running away), call the police. Some parts of Cranston are more... Read more »

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I have a case that was dismissed for lack of prosecution and then out if the blue it was filed again. What can I do ?

Is there a Ruke I can file under motion to stay the first dismissal as the case was charged as a felony and it should have been civil as their was no criminal intent.

Thomas Briody
Thomas Briody answered on Sep 10, 2019

Yes, in many cases you can be charged again after the original complaint was dismissed. As long as the statute of limitations has not run, the charges can be brought again. You should hire an experienced lawyer to respond and defend you. Good luck.

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: My roommate and I both got charged with domestic assault. What is the best way to plead in court so I dont loose my job?

I have a clean record and need this expunged

Thomas Briody
Thomas Briody answered on Sep 8, 2019

I am sorry for your situation. Domestic crimes are viewed very cautiously by judges and prosecutors. The penalties are more severe, usually requiring batterers intervention classes for six months. Domestic cases are also harder to seal or expunge, and the wait before expungement is longer. It... Read more »

1 Answer | Asked in Child Support for Rhode Island on
Q: trying to pay child support for my brother but don't know docket number
Neville Bedford
Neville Bedford answered on Sep 7, 2019

look it up here

https://publicportal.courts.ri.gov/PublicPortal/

1 Answer | Asked in Child Custody and Child Support for Rhode Island on
Q: A court order reads parties shall share joint custody and placement shall be with mother.

Does this mean the father has 50/50 placement rights or does the "joint custody" generally describe legal custody and placement is with mother and father receives visitation?

Neville Bedford
Neville Bedford answered on Sep 7, 2019

generally describes legal custody, and (primary physical) placement is with mother, and father receives visitation(now called Parenting time), and pays support consistent with guidelines now in effect.

2 Answers | Asked in Contracts, Landlord - Tenant, Criminal Law and Domestic Violence for Rhode Island on
Q: My bf isn’t on my lease but just wants me to write in his name? Will they contact the landlord?

My bf is being charged with B&E after a dumb argument we had in my apartment. He isn’t technically on my lease, but he does pretty much live with me. He is asking me to write in his name on the lease I do have, without telling the landlord. Is this illegal? If I do do this( will they contact my... Read more »

Gary Kollin
Gary Kollin answered on Sep 4, 2019

You wrote further detail on AVVO. You could subject yourself to possible prosecution.

The phone calls from the jail may be recorded

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1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Federal Crimes for Rhode Island on
Q: Can my boyfriend be charged with B&E if he is on my lease?

I had a bad argument with my boyfriend while drunk one night, which resulted in me telling him to leave and calling the police. He has been charged with B&E, however he is on my rental lease. He can not afford a lawyer at this time, so he has decided to go with a public defender. He had court... Read more »

Thomas Briody
Thomas Briody answered on Sep 3, 2019

Cooperate with the attorney. Public defenders do a terrific job, and should follow through with their own investigation. The Rhode Island public defender has its own investigators. You can also communicate to the Attorney General that you do not wish to go forward with any complaint against your... Read more »

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