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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
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
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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
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
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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
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
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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
If court gets involved, can a judge say the father can’t take his kids anymore on visitation or overnights because he now shares a home with his girlfriend?
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answered on Jan 23, 2024
Usually a mother cannot prevent a father from having visitation overnight at his new girlfriend‘s house where he now lives. If there were a provision of the divorce agreement that prohibits this then the court might pay attention to that. If there is something about the girlfriend or the house or... View More
My child's mom signed a release to a service called In Home Therapy, I did not. Our DCF worker disclosed extremely personal information for no reason. The woman (Sarah) who works for IHT whom this information was told to, said they were not discussing me or anything to do with me and she just... View More
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answered on Dec 20, 2023
In situations where personal information is shared by a Department of Children, Families (DCF) worker without proper consent, it's important to understand your rights and the legal framework that governs such disclosures. The sharing of your personal information without your consent could... View More
Still have a 19 yr old daughter living at home. Can he legally do this? We never filed for a divorce or separation. He has been unfaithful.
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answered on Nov 14, 2023
Your marriage to him does not give him the right to live with you. If he is an owner of the real estate you live in then he has a right of possession of the real estate but still no right to cohabitate with you personally. If he is not an owner of the real estate then no, he can't just move... View More
Her will states that all tangible personal property is left to one sibling. Does the vehicle registered in her name have to go through probate?
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answered on Jul 24, 2024
Yes, the will has to be probated and the vehicle distributed in probate to the beneficiary named in the will.
and subsisting monogamous marriage purports or seeks to marry another person monogamously.
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answered on Mar 25, 2024
What you describe is bigamy, which is against the law. An intended marriage by a person who is still married is not going to result in a valid marriage.
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?
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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
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answered on Sep 12, 2023
In Rhode Island, if your name has been added to a court order in a child custody case, limiting your access to visitation or contact, you typically have the right to address the court and defend yourself.
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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
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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
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answered on Aug 16, 2023
Yes. That would be fraud.
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
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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
I dont wanna keep living in my mothers house for the rest of my life
answered on Nov 7, 2022
Once you have graduated high school and attain 18 years of age, and are not disabled nor dependent, you are free to make your own life choices. There is no legal requirement for parent or child to spend their entire lives living together.
We became legal Domestic partners. He is refusing to give me some of my furniture. He’s blocked me in his phone, email and texts
answered on Nov 2, 2022
If the furniture is all that you are concerned about, consider filing a case in the small claims court. To explore the implications of "legal domestic partners" and whether that may involve court proceedings to dissolve, meet with a practicing attorney to discuss those details in private.
Hello, My childs mother has been charged with 3 counts of felony child neglect and abuse. However, the court has awarded her unsupervised visits, despite me being in fear of my childs safety. What are my child's rights? Why is he being forced to be with his abuser in an unsupervised setting?
answered on Sep 1, 2022
Something seems amiss here. Did you bring all of this to your attorney's attention and/or file the appropriate motions to ensure the child is protected? From the way you present these facts, it would be likely that the state would be involved also through DCYF. Bring your concern's to... View More
My parents are selling me a $450,000 house for $250,000. And they want to make sure the value they gift me stays in my name. I do not believe it would be fair to retain the whole house as personal property as I would be bringing $250,000 of debt into the marriage.
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answered on Jun 8, 2022
Yes, you and your future spouse can get a prenup that says that the gifted portion of the real estate equity shall be allocated to you in the event of divorce. A prenup can allocate your property in any way that the two of you agree upon, within reason.
Ex party has minor child 2 more nights a week. I have the minor child more waking hours (I'm spending more money on food, entertainment, etc) how is ex entitled to child support if I have child more?
answered on Apr 8, 2022
Ex Party being your co-parenting partner with whom you cannot come to an arrangement focused on the best interest of the child? Meet with your attorney to go over all the details to see if this "changed circumstance" supports a revision of your previously ordered support obligations.
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