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Rhode Island Civil Litigation Questions & Answers
2 Answers | 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

Albin Moser
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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

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1 Answer | Asked in Civil Litigation and Small Claims for Rhode Island on
Q: I’m disabled can I be sued in small claims
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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

2 Answers | Asked in Civil Litigation for Rhode Island on
Q: Hi I am wondering about a post final judgment ex was grated joint shared placement after final judgment 8 years ago

If I inherited property during marriage would he be able to come for that as well

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answered on Jan 1, 2024

Custody arrangements and other issues relating to the best interests of children are always modifiable. The equitable distribution of property in divorce is usually done once in the divorce and that’s it. Exceptions: if the inherited property was not disclosed in the divorce then maybe someone... View More

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2 Answers | Asked in Civil Litigation for Rhode Island on
Q: Hi I am wondering about a post final judgment ex was grated joint shared placement after final judgment 8 years ago

If I inherited property during marriage would he be able to come for that as well

James L. Arrasmith
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answered on Jan 1, 2024

In Rhode Island, property acquired by inheritance is generally considered separate property in a divorce, as opposed to marital property which is subject to division. If you inherited property during your marriage, it is typically not included in the marital estate for division purposes, provided... View More

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1 Answer | Asked in Small Claims and Civil Litigation for Rhode Island on
Q: I'm asking for my elderly parents. Wondering if this worth to go further.

They hired a company to repair their roof. During the repair, they found the wood was rotted. They couldn't go on to the next step because we were told that they had to run it through the insurance company. They put a tarp on the roof which I assume it wasn't not secure enough. We had a... View More

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answered on Dec 21, 2023

If the insurance money was sent for the repairs to pay for the repairs that the contractor is doing pursuant to a budget that they submitted to the insurance company, then yes, you have to give the money to them in order to keep them under the obligation to finish the work. If there is a problem... View More

1 Answer | Asked in Civil Litigation for Rhode Island on
Q: The person who was paying me restitution died still owing me $3200. What are my rights now?

I have a Judgement of Civil Liability dated May 2023, since she didn't make all her payments in the allotted time, yet I have not been able to find her to enforce it. I have recently learned she passed away. Am I able to put a lien on her estate?

James L. Arrasmith
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answered on Nov 20, 2023

In Rhode Island, if a debtor owing restitution passes away, the debt becomes a claim against their estate. Since you have a Judgement of Civil Liability, you have a legal basis to pursue this claim.

To enforce the judgment, you should file a claim with the executor or administrator of the...
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1 Answer | Asked in Contracts, Landlord - Tenant, Civil Litigation and Real Estate Law for Rhode Island on
Q: How to enforce verbal agreement on house residency limits?

My partner and I have a verbal agreement with my parents to live in a house they own, with us paying the mortgage with the intention of buying it from them in a few years. The agreement states that my parents can visit but cannot stay more than two weeks at a time. Since we moved in November 2024,... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your situation involves complex legal issues because you're essentially tenants with a rent-to-own arrangement, but your landlords (parents) are violating the occupancy terms of your verbal agreement. The good news is that your text messages documenting the agreement, including the two-week... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Rhode Island on
Q: How to find civil court case results without document number in RI?

I am trying to find out the end results of my civil court case. I have a letter with a number on it but no longer possess the document that the judge sent to me. When I visited the court, they informed me that I need a document number to access information. Although I have reached out to legal... View More

James L. Arrasmith
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answered on Jun 12, 2025

What you’re going through sounds incredibly frustrating, especially when you’re just trying to understand the outcome of your own case. Even without a document number, you still have a right to access public records for your civil court case in Rhode Island. If you can provide the court with... View More

Q: Boyfriend falsely accused, seeks civil suit against authorities.

I'm seeking legal advice for my boyfriend, who is in prison after being falsely accused of a serious crime. Although found innocent at trial, he is serving a 4-year sentence for intimidation of a witness due to a call made to the accuser. He believes police ignored evidence from his phone that... View More

James L. Arrasmith
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answered on Jun 11, 2025

It’s heartbreaking to see someone you care about go through something so painful, especially when they believe they've been wronged by the system. Even though your boyfriend was found innocent of the initial accusation, the conviction for intimidation of a witness complicates things. Civil... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Civil Rights and Real Estate Law for Rhode Island on
Q: Legal actions for enforcing verbal agreement and harassment by homeowner?

I moved into a home in Rhode Island in November 2024 under a verbal agreement with my partner's parents, who own the house. According to our agreement, we pay the mortgage, and they would reside in a separate home. However, my partner's mother has returned and refuses to leave, claiming... View More

James L. Arrasmith
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answered on May 31, 2025

You’re in a tough situation, but Rhode Island law does recognize some verbal rental agreements as valid, especially if you can show proof of payment and the details of your arrangement. Your financial records, messages, and any communications about your agreement can help establish the terms you... View More

1 Answer | Asked in Child Support, Civil Litigation and Family Law for Rhode Island on
Q: Do incarcerated individuals in Rhode Island need to pay child support?

In Rhode Island, I was incarcerated for over three years without any income, yet I continued to receive monthly child support bills during my time in jail. The child support order was active before and continued while I was in prison. Do I have to pay these amounts, and is there a way to modify or... View More

James L. Arrasmith
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answered on May 14, 2025

In Rhode Island, child support doesn’t automatically stop when someone is incarcerated. If no motion to modify the order was filed while you were in prison, the amount continued to build each month as if you were still earning income. That’s likely why you received monthly bills despite having... View More

2 Answers | Asked in Medical Malpractice, Civil Litigation and Personal Injury for Rhode Island on
Q: Seeking advice on legal action for botched tummy tuck surgery with complications from the start.

I had a tummy tuck surgery on December 27, 2023, and experienced complications from the start, including swelling and issues with my belly button. Despite raising concerns, the surgeon insisted everything was fine and later treated my belly button without informing me. I had to undergo ultrasounds... View More

Albin Moser
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answered on May 14, 2025

You have a civil claim for medical malpractice. For surgeries performed in Rhode Island there is a three-year statute of limitations, meaning that a claimant has to file a case in court within three years, otherwise they cannot move forward on it. You've got time but it's important that... View More

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1 Answer | Asked in Child Support, Civil Litigation and Family Law for Rhode Island on
Q: Home confinement qualifications for non-custodial parent with $50,000 arrears in Rhode Island

I am the custodial parent involved in ongoing legal proceedings regarding child support arrears amounting to $50,000 by the non-custodial parent. The court previously ordered the non-custodial parent to stay current in child support payments, but they only paid for three months due to wage... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Rhode Island, home confinement as an alternative to other consequences like jail time for child support arrears is not automatically granted and typically depends on the specific circumstances of the case. A non-custodial parent may be considered for home confinement if they can demonstrate... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Rhode Island on
Q: Is theft of cremated remains a crime in Rhode Island?

I am trying to understand the criminal implications of the theft of cremated human remains. My 23-year-old son, who passed away from a fatal heart attack, was residing in a group home. After his death, the directors of the group home were given his cremated remains in a sealed container. However,... View More

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answered on Apr 12, 2025

In Rhode Island, the theft of cremated remains could potentially be considered a criminal act, as it involves the unauthorized taking of property, especially if the remains were meant to be returned to the legal next of kin. While the law may not specifically address cremated remains, taking... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Contracts for Rhode Island on
Q: Can I sue Firestone for uncompleted vehicle inspection charging me?

I took my vehicle to Firestone for a state emissions inspection on 9/1/2023, and I have a paid invoice that lists the inspection and sticker. On 3/22/2025, I was pulled over because my registration was suspended due to no inspection record at the RI DMV, leading to my car being towed and plates... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a really frustrating and costly situation, especially since you relied on Firestone to perform a state-required service and it directly led to legal trouble and your car being towed. If they charged you for a state inspection and there’s no record at the DMV—no pass, no fail,... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Rhode Island on
Q: Recovering funds from a joint bank account with my parent in Rhode Island.

I am 15 years old and have a joint bank account with my dad. A few months ago, around $429, which is basically all my money, was taken from my account for rent. My dad is the joint account holder, and despite having bank statements on my phone showing the transaction, my parents denied taking the... View More

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answered on Apr 8, 2025

It’s really tough when you feel like your money is taken without your consent, especially when you’re not getting clear answers. Since you and your dad are joint account holders, it’s important to remember that both of you have access to the account and can make transactions. However, it’s... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Domestic Violence for Rhode Island on
Q: Rights and options regarding a protective order in Rhode Island from an abusive ex and potential police involvement.

I am in Rhode Island, and my ex, who was verbally and emotionally abusive, obtained a protective order against me. This was due to the number of emails I sent him in anxiety, stress, and sadness in response to his initial email, which the judge saw as harassment, despite no threats being made.... View More

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answered on Mar 24, 2025

You have the right to appeal the order if you believe it was unfairly granted. Appeals must typically be filed shortly after the order is granted, so consulting with a lawyer quickly is important. Many Rhode Island attorneys offer free initial consultations to discuss your options.... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Rhode Island on
Q: Ground water is coming through the floor for last 3 weeks a few days after it rains heavily. Revters insurance doesn't

Renters insurance doesn't cover flooding or Ground water. although water recedes the mildew smell which may be mold has made it uninhabitable. I have not slept there since Dec 23 2023 as it took them 6 days to respond to my call I've been paying hotels out of pocket and have no means to... View More

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If their response is in compliance with the terms of the policy, it isn't necessarily "Bad Faith," one of the posted categories - it might be more of a coverage issue. If it should be a covered loss... View More

1 Answer | Asked in Banking, Business Formation, Civil Litigation and Consumer Law for Rhode Island on
Q: If I am caught in the law in Indonesia, can the team help?
Neville Bedford
Neville Bedford
answered on Nov 7, 2022

Not sure by what you mean: "caught in the law in Indonesia" or who you may be referring to as "the team." Generally speaking, only counsel licensed in each state, country, or jurisdiction may practice law in that state, territory, or country, unless granted special admission by the particular court.

1 Answer | Asked in Civil Litigation for Rhode Island on
Q: What is the time limit for unclaimed fur storage and cleaning By ri law
Neville Bedford
Neville Bedford
answered on Dec 6, 2021

This will most likely be governed by the agreement that was made by the storage company. It may have been posted or written in a contract you signed when you delivered the goods for storage.

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