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Rhode Island Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Rhode Island on
Q: If my father's house was quit claimed to my brother in 2019 and my dad passed in 2022, does the house go through probate

My brother has lived there most of his life, but never took over any financial or other responsibility for the house while my father was alive

Andrew Bilodeau
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Andrew Bilodeau
answered on Aug 17, 2022

If your father conveyed his entire interest in his house to your brother then the house would not be part of the probate estate because the house was not owned by your father at the time of his death.

2 Answers | Asked in Land Use & Zoning for Rhode Island on
Q: I own 2 lots in Narragansett RI. There is a paper road between the two properties. Does the town own the paper road.

The paper road is woods and swamp, not even a path or dirt road exists. It probably could not be made into a road because of water table. It was platted over 70 years ago. Does the town own the land or just hold a ROW for the property? The other roads in the neighborhood are paved and maintained... Read more »

Albin Moser
Albin Moser
answered on Sep 3, 2022

A paper road remains the town's property even if the town does nothing with it. The town does not have to build a road on it in order to keep it as a paper road. The town retains the option to build a road on the area of the paper road at any time in the future.

As for whether or not...
Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I was arrested for taking my wife's phone when she threatened to call the police. They asked me in my home if I took her

Phone and I said yes. They put me in handcuffs and took me to the station without ever reading me my rights. Is my statement I made in my house admissible in court?

Thomas Briody
Thomas Briody
answered on Jul 24, 2022

The answer is most like yes, your statement is admissible. The police will argue that you were not in custody at the time you made the statement. Miranda warnings (rights, as you call them) are only required to be administered when you are not free to leave and the police question you. You need... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I have a no contact order against me by my wife. If I change my FB profile picture to us and two kids is it a violation?
Thomas Briody
Thomas Briody
answered on Jul 23, 2022

This is a very bad idea. It will be interpreted as an attempt to connect with her, in violation of the order. Maybe you could argue that is not your intent, but I highly doubt that a judge will believe you. Don’t do it.

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1 Answer | Asked in Divorce for Rhode Island on
Q: If I where to get a legal separation, does that absolve one from the cc debt of the other? Or is that a divorce thing?
Neville Bedford
Neville Bedford
answered on Jul 12, 2022

Division of assets, debts, and allocation of marital property are addressed in either a Bed and Board Divorce(Separation) or a "full" Divorce. Meet with your qualified local practitioner to review your options in confidence.

1 Answer | Asked in Personal Injury for Rhode Island on
Q: Do my home’s front stairs require a railing? Home built in 1890’s, current railing is wood and rickety; want it removed

Neighbor said it’s a personal injury liability to have no railing. I believe we may be ok because of how old the house is.

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2022

A Rhode Island attorney could advise best, but your question remains open for two weeks. No railing might be better than a rickety railing that presents a false sense of security, but your neighbor raises a valid point - not having a railing where one is required or recommended could also create... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: a lawyer said in the state of Rhode Island U can’t determine how much money U want when suing the police, true or false?
Albin Moser
Albin Moser
answered on Jun 9, 2022

Yes, it is true that in Rhode Island the plaintiff's initial complaint that is filed in court should not request a specific dollar amount for personal injuries. But, the plaintiff can ask the defendant or the insurance company for a specific dollar amount in out of court settlement... Read more »

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I live in Providence RI, my landlord is demanding a key to my storage room and garage do I have to give it to her by law

We keep the areas clean, there is nothing she would need access to for any other unit in either area, the lease doesn't state anything about it, we store our eBay store items that we sell in the areas and don't want anyone to have access to these items

Albin Moser
Albin Moser
answered on Jun 8, 2022

Yes, you have to give the landlord a key to the storage room and garage that you are renting from the landlord. Your landlord has a right of access to all areas of the landlord's property that you are renting, and can enter any area on reasonable notice to you.

1 Answer | Asked in Family Law for Rhode Island on
Q: Is it possible to get a prenup, to keep only a fraction of a house as personal property?

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.

Albin Moser
Albin Moser
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.

1 Answer | Asked in Arbitration / Mediation Law for Rhode Island on
Q: Please where can I find arbitration related cases for research?

I am a law student trying to do an assignment

John Michael Frick
John Michael Frick
answered on May 24, 2023

I would search the West digest topic "Arbitration" which provides keynotes for reported opinions relevant to the topic of arbitration.

2 Answers | Asked in Bankruptcy and Real Estate Law for Rhode Island on
Q: My co signer on my house filed chapter 7 bankruptcy 7 years ago. Will they still get money if I sell the house in RI
Anthony M. Avery
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answered on May 3, 2023

Cosigner on a Note does not make that person a tenant in common., etc. Hire a RI attorney to search the Title and determine ownership. At least read your Deed.

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1 Answer | Asked in Traffic Tickets for Rhode Island on
Q: How can i get on a payment plan to have my licsence reinstated? It is suspended due to fines that trippled the amount
Michael Fischetti
Michael Fischetti
answered on Apr 27, 2023

Contact this lawyer near you https://www.allticketsgone.com/

1 Answer | Asked in Child Custody for Rhode Island on
Q: What do I need to file emergency custody of my child?
Neville Bedford
Neville Bedford
answered on Apr 25, 2023

Retaining competent representation would be your best path to avoid procedural problems.

1 Answer | Asked in Personal Injury, Health Care Law, Landlord - Tenant and Medical Malpractice for Rhode Island on
Q: i went to the emergency room a month and a half ago , I had an infection in my testicle

The ER sent me home with an antibiotic, which the pharmacy would not fill because it would cause a severe. Reaction to my every day medication, I called my Doctor, left them 4/5 messages, I also informed the doctor through the portal what was going on. In the mean time the infection is getting... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 22, 2023

The facts you relate have the earmarks of a valid legal malpractice that should be investigated. You should consult with experienced medical malpractice attorneys in your state. You can search for such attorneys on this website.

1 Answer | Asked in Estate Planning and Elder Law for Rhode Island on
Q: Do the titles of tangible assets have to be changed or can the assets just be listed in an irrevocable trust document?
R.J. Connelly III
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R.J. Connelly III
answered on Mar 22, 2023

Tangible personal property is transferred to a trust with a bill of sale or assignment in most cases.

1 Answer | Asked in Estate Planning for Rhode Island on
Q: Does a ri irrevocable trust need to be notarized by a ri notary or can any notary witness the document signing
Albin Moser
Albin Moser
answered on Mar 18, 2023

If the trust is going to be signed and notarized in Rhode Island then the notary needs to be a Rhode Island notary public. If the trust is going to be signed and notarized somewhere outside of Rhode Island then the notary needs to be a notary in that jurisdiction.

1 Answer | Asked in Tax Law for Rhode Island on
Q: Are there any lawyers here that support or represent a retail cigar shop business that pays Tobacco excise taxes?

this would be for the State Of Rhode Island

Carli Jo Aelker
Carli Jo Aelker
answered on Dec 14, 2022

Hi. Unfortunately this is not a site to retain legal representation. Please reach out to an attorney privately.

1 Answer | Asked in Real Estate Law and Probate for Rhode Island on
Q: Quit claim question. What the ownership status for a house that we inherited from our mother?

What is the ownership status for a house that we inherited from our mother? She passed away 20 years ago and my brother took control of her house but the two of us never followed through with the quit claim process. Do we legally own the house jointly?

Andrew Bilodeau
PREMIUM
Andrew Bilodeau
answered on Nov 18, 2022

You still have an ownership interest that you can assert. If a probate was never opened, one would need to be opened so that the property could be properly transferred to the rightful heirs. I would need more information - whether there was a will or a trust, and how the property was deeded prior... Read more »

1 Answer | Asked in Child Custody for Rhode Island on
Q: If a mother resides in Massachusetts but has her baby in a Rhode Island hospital, can RI dcyf take the child

There is a RI dcyf case for previous children but the baby was removed for lack of housing in RI. Mother had housing in MA.

Neville Bedford
Neville Bedford
answered on Nov 17, 2022

yes

1 Answer | Asked in Immigration Law for Rhode Island on
Q: How do I start a country

I have a dream of one day starting a country by building an island about 50 miles off the east coast of the US, how would i get recognition as an independent state without joining an alliance-type group like Nato or the United Nations?

Neville Bedford
Neville Bedford
answered on Nov 7, 2022

https://foreignpolicy.com/2008/02/26/how-to-start-your-own-country-in-four-easy-steps/

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