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Rhode Island Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Rhode Island on
Q: I want to sign the deed of my home over to my son...I own my home out right and have no plans of selling it...

My son doesn't have my last name because I never married his mom...I did pay child support when he was young and 2 yrs ago put my name on his birth certificate as his father..We live in R.I. Can I give a 1- time gift???? What should I do??? I don't want to put him on the deed as joint... Read more »

Neville Bedford
Neville Bedford answered on May 27, 2018

Speak to an attorney to discuss the impact of what you are considering. It may turn out that what you need is a will. There are tax implications you should consider as well. There are ways to achieve what you desire without having to give the house to him all at once.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: If I am still on the deed to the house my ex- husband and I owned in RI but he has passed, do I still own the house.

The deed states tenancy in its entirety with both out names listed. When we divorced he was to remortgage within a year, that was 2008. He did not until 2016. Also he never pushed me to do a quit claim because he said he did not plan to marry again. I am not listed on the new mortgage only the deed.

Vincent Gallo
Vincent Gallo answered on Apr 26, 2018

You own half of the real estate and your ex-husband estate owns the other half of the real estate.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: I have found out that my equity line/lien of 10 years is not recorded on title at city hall. Do I have to pay them?
Vincent Gallo
Vincent Gallo answered on Apr 1, 2018

Yes, because no doubt, you simultaneously executed a Note.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: Am I held liable for all the rent if my roommate moves out and breaks lease

My roommate is suddenly moving out and breaking "her part" of the lease. Am I held liable for all the rent now or legally is she responsible for it?

Neville Bedford
Neville Bedford answered on Feb 17, 2018

You may be. Talk to your landlord and see if they are OK with you getting a new roommate.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Okay I have a situation for you. Well my boyfriend signed a mortgage for my brother and his wife (I know) BAD IDEA. So

behind on the mortgage, the original bebt was for 275.000, I just contacted the mortgage company to find out exactly how far they are behind, waiting for that amount. But gets better, my sister in law is a bit of a nut job, she's a cat hoarder, didn't realize just how bad but I'd... Read more »

Neville Bedford
Neville Bedford answered on Jan 11, 2018

Your boyfriend was very kind to guarantee your brother's mortgage. I am sorry your brother is ill. If he sells the property, your brother will be needing a new place to live. If he also owns the other lots you speak of, he can do with them as he wishes. I hope this doesn't strain your... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Rhode Island on
Q: if there's no executor of an estate can a tenant be thrown out?

My mother and father in law had both passed away and no one has filed for executor of their estate. My sister in law is currently living in one of the apartments but her sister states that she is going to have her evicted. Can this be done?

Neville Bedford
Neville Bedford answered on Nov 20, 2017

Depending on whom are the heirs and what there rights are under the will, if any, and who will be the executor, or administrator, the answer may vary. Meet with a probate attorney in your area and discuss the details in private. If you are the executor, retain an attorney to assist you in... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Rhode Island on
Q: I just got a call from my stepmother in R.I who married my father a few days before he died asking me to sign papers ...

She stated the papers would be emailed to me since I live in Florida and can not be at the closing and i would be signing over my rights to the house so she could sell it...She had stated shortly after his death there was no will and nothing was left to me so why would i need to do this? She has... Read more »

Ben F Meek III
Ben F Meek III answered on Sep 22, 2017

If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Rhode Island on
Q: Is it possible that a older sibling can be power of attorney . But cannot do anything without the others consent

Grandfather passed away 6 months ago. He has 4 daughter's one is deceased. The older sister .She wants my other aunt and my mother to sign a waver to become power of attorney of his estate . Can they sign a paper that if they sign the wavier to give her power she still will have to have the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 10, 2017

Powers of Attorney are for people who are alive, not for 'an estate' ... something is wrong here either in what is being asked or in your understanding of it.

If what is going on is that someone has petitioned to become executor/personal representative and wants the other...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: 20 day eviction motion to assign 3/30/17. Trial set 4/11/17 Will tenant have to vacate on 4/19?

2 separate families occupying 2 units (3 family home) holdovers from a foreclosure. Former owner moved out of 3rd unit and washed his hands of the property 2 years ago but told tenants as long as they paid the water bill they could stay. Tenants replaced the hot water heater last year and have... Read more »

Neville Bedford
Neville Bedford answered on May 3, 2017

If that is what the judge orders, that will be the order of the court. Of course, your attorney will have more specific instructions for you to ensure you don't get caught in some procedural trap for the unwary and untrained.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: I have a couple that their lease will expire in 45 days, just now the husband asked my permission to change the locks

because he caught his wife cheating and does not want her in the apartment anymore, is this correct or should I wait til the lease expired to extend him a month to month under his name only ? any legal problems for the landlord?

Neville Bedford
Neville Bedford answered on May 3, 2017

If she is on the lease, you may have to evict her as there are penalties for self help from a landlord such as changing the locks.

1 Answer | Asked in Elder Law and Real Estate Law for Rhode Island on
Q: With A Reverse Mortgage, does the" home owner/ occupant " have the right to re-purchase or sell the home?
Neville Bedford
Neville Bedford answered on May 3, 2017

They should read that contract they signed to get the money.

1 Answer | Asked in Real Estate Law and Estate Planning for Rhode Island on
Q: If two people own a home jointly and one completes a quit claim deed, can they still will that home to others?

My ex-husband and I jointly owned a house in RI but he completed a quit claim deed but in his will, leaves this said house to his girlfriend? is this possible?

Vincent Gallo
Vincent Gallo answered on Apr 21, 2017

He no longer has an ownership in the real estate to "will" to anyone. You still own your share, however to do with as you see fit.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: Can a room with no closet be rented as a bedroom in Rhode Island?

The room does have a window, and is just big enough for a twin bed and dresser.

Neville Bedford
Neville Bedford answered on Feb 6, 2017

Are you the renter or rentee?

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: We own a timeshare deed for a very expensive water front property with Wyndham.

We own a timeshare deed for a very expensive water front property with Wyndham. They have priced our maintenance fees into the stratosphere! We now pay more than renting a week there! Its seems they want their deed back! Do we have any rights to the property with a deed that includes: one week, one... Read more »

Neville Bedford
Neville Bedford answered on Jan 2, 2017

Caveat emptor ... "maintenance fees into the stratosphere" are not uncommon. There is now an emerging market to resell these "fractional ownership" interest though you will not likely recoup your total investment nor sunk costs. At least you should be able to sell it and stop... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Seller agent is holding down payment on house due to an inflated quote of minor damage. How do you resolve this matter?

Small index size hole in ceiling tile in attic. Roof had been leaking onto ceiling tile and finger went through moistened area of tile. An exorbitant estimate of $1,300 was quoted by a painter to the home owners for repair to tiny hole and painting of entire second floor rooms. They are holding... Read more »

Neville Bedford
Neville Bedford answered on Aug 21, 2016

Meet with an attorney to discuss the costs of litigating the issue. . . $1300 may seem like a bargain.

1 Answer | Asked in Estate Planning and Real Estate Law for Rhode Island on
Q: My husband's sisters are trustees of the family trust. They have quick deeded the property to themselves as trustees

Individually before the estate has been settled. My husband is beneficiary, as are his two sister. Is this legal? Will he be offered fair market value for the property? Is this a conflict of interest?

Neville Bedford
Neville Bedford answered on May 7, 2016

It sounds like it is a perfect time for your husband to meet with, and retain, an attorney to advocate for his rights.

1 Answer | Asked in Animal / Dog Law and Real Estate Law for Rhode Island on
Q: Is it illegal to bury your deceased dog/cat on your property?
Neville Bedford
Neville Bedford answered on May 7, 2016

If you own the property, probably not. However, it would be prudent to check the ordinances for your particular town.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Rhode Island fencing laws between backyards

what is the law regarding fences between property in backyard residential neighborhoods as far as property lines and height

Neville Bedford
Neville Bedford answered on Oct 13, 2015

These are probably best found in the town ordinances. https://www.municode.com/library/ri

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Separated,looking to buy house in RI. Only my name on the mortgage and title.Would that be consider marital asset?
Neville Bedford
Neville Bedford answered on Aug 24, 2015

Talk to your attorney to ensure the asset is acquired in a manner that it shan't be deemed marital.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: If a party in a deed (fee simple condition subsequent) breaks a condition of the deed, what rights does that party?

Meaning, would the party who broke the condition in the deed be considered a trespasser, tenant in sufferance, or something else?

Neville Bedford
Neville Bedford answered on Aug 24, 2015

Excellent question to review with your local real estate attorney with the deed in hand describing the condition subsequent and evidence of the breach along with documentation of all incidental and consequential damages including a careful review of all liquidated damages and specific performance... Read more »

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