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Rhode Island Questions & Answers
1 Answer | Asked in Probate for Rhode Island on
Q: My mom passed away on 2-23-2022. How can I obtain a copy of her Will.

My mom recently passed away. She did have a Will. My step father is refusing to share her Will with her children. I know there's certain things that belonged to my mom that she inherited from my grandmother that was to be passed along to me when my mom passed. My step father denied me seeing... View More

Albin Moser
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answered on Mar 5, 2022

You can petition in the probate court of the city or town where your mother lived, and demand the production of the will. Your stepfather would be court-ordered to produce it.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: If I have a case against a contractor do I need to retain the property till the case is done?
Albin Moser
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answered on Mar 2, 2022

No, you do not have to retain the real estate until the case is done, but there are some things you should do before you sell it. You do need to gather your evidence while it is still fresh, and give the contractor the opportunity to do the same.

First, hire a registered contractor to look...
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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Rhode Island on
Q: i was wondering if a non violent felon can own a non-lethal weapon in the state of rhode island? the felony charges were

15 years ago.

Thomas Briody
Thomas Briody
answered on Mar 2, 2022

Felons cannot possess a firearm. I am not sure what you mean by ‘non lethal.’ A baseball bat can be lethal, but there is no law against possessing one. Knives are also lethal, but you can possess one in most circumstances. Maybe you should consult a lawyer in private, and be more specific... View More

2 Answers | Asked in Criminal Law for Rhode Island on
Q: If I haven’t been formally charged I believe I am innocent and Can prove it can I file for a review and how
Thomas Briody
Thomas Briody
answered on Feb 23, 2022

If you have not been charged, there is nothing to prove. The burden is always on the state to prove guilt. But that is not the end of the inquiry. If you think police are considering charging you, but believe you have evidence that will help convince them that charges are not warranted, you need... View More

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1 Answer | Asked in Real Estate Law for Rhode Island on
Q: How many egresses are new 2 family homes required to have in Providence RI
Neville Bedford
Neville Bedford
answered on Feb 21, 2022

Check with the regulations at https://www.sos.ri.gov/divisions/open-government-center/rules-and-regulations/building-and-fire-codes

1 Answer | Asked in Divorce for Rhode Island on
Q: I want to get divorced I haven’t been with my husband in 3 years he is a addict in Florida somewhere

I’m in Rhode island and I don’t have the money to spend on a lawyer

Neville Bedford
Neville Bedford
answered on Feb 21, 2022

If you cannot afford to hire a lawyer for this uncomplicated no-fault divorce, based on living separate and apart for 3+ years, you will not likely be able to afford the costs of advertising should you not have his location to have the papers served on him. Hiring an attorney may save you lots of... View More

1 Answer | Asked in Uncategorized for Rhode Island on
Q: What is the penalty for operating a motor vehicle with a suspended registration
Neville Bedford
Neville Bedford
answered on Feb 19, 2022

The current fines and penalties are contained in the statute at http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-47/31-47-9.HTM

1 Answer | Asked in Civil Rights for Rhode Island on
Q: During a traffic stop, is the passenger in a car legally COMPELLED to give their ID to an officer if asked?

I'm under the impression that the only time one is required to give ID during a traffic stop is if you're the driver, OR if the police officer has a reasonable, articulable suspicion that you've committed a crime, or are in the process of committing a crime.

Thomas Briody
Thomas Briody
answered on Feb 19, 2022

In general you are correct. But an officer doesn’t have to furnish you with a reason when he/she/they ask for your ID. Whether the officer has an articulable suspicion is usually evaluated after the fact by a judge or jury. Nothing prevents you from asking why the officer wants ID. But use... View More

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Am an ascertained heir to a property and want to keep rights is redemption.. need to answer the court… how do I do that

Need to work with a lawyer

Albin Moser
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answered on Jan 31, 2022

Rights of redemption usually refers to a municipal tax sale. The property may have been sold at tax sale and if so then you have a limited period of time to redeem it, by paying off the debt to the person who bought it at tax sale. There are deadlines stated in the notices that you receive. If you... View More

1 Answer | Asked in Banking, Civil Rights, Elder Law and Identity Theft for Rhode Island on
Q: Foreclosure,check fraud,SNAP fraud,credit cards open.Family member took advantage of grandmother. She's out 25,000+HELP

Family member was caregiver for grandmother was supposed to pay mortgage,bills.. Never paid mortgage. grandmother will lose house foreclosure, she's out $20,000. Family member left grandmother bank account $0. Grandmother's social security check went into bank account&stimulus checks... View More

Neville Bedford
Neville Bedford
answered on Jan 20, 2022

https://riag.ri.gov/elder-abuse is a good place for you to start to seek help for your elderly relative. Good luck to both of you.

1 Answer | Asked in Traffic Tickets for Rhode Island on
Q: In RI I have 2 speeding tickets pending. I have an attny. Court tmrw for 2nd one. Last night I got a 3rd. Tell my attny?

Do I tell my attorney about the third one? The trooper straight lied said I was doing 90. I was only doing 80 I know it’s faster than the speed limit but it sure the heck wasn’t 90! I already have my attny fighting the first 2 and they also said 90 mph. Allegedly. But reduced to a speed much... View More

Neville Bedford
Neville Bedford
answered on Jan 20, 2022

Yes, it is imperative that you are forthcoming with your attorney. Failure to be honest with your attorney shall not benefit you, nor your case defense strategy.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I was arrested in Rhode Island with a tiny small amount of cocaine(0.1 gram) but charged with 10g or less. What to do?

I was not qualify for public defender. What should I do?? Can I represent myself ?? Should I plead guilty or not ? If so, what am I looking at ? My first offense.

Neville Bedford
Neville Bedford
answered on Jan 20, 2022

Invest in your freedom, liberty, and record by retaining a capable criminal defense attorney to help you evaluate your options, and formulate your best defense, in confidence. they will also help to discern if you qualify to participate in the diversion program.

1 Answer | Asked in Land Use & Zoning for Rhode Island on
Q: My house has a home behind me. There is 2 ways of getting to the house. My driveway and another down the road. Why?

Why is my driveway the easement?

Albin Moser
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answered on Jan 16, 2022

Your driveway may be the easement by past agreement. If there is a recorded document that gave the back property an easement across your driveway then that would explain it. The easement passes from owner to owner, and whoever owns the back property holds the easement, has the right. It "runs... View More

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: I am in RI. My siblings and I inherited a house from my brother when he died. There is a mortgage on the house.

One of my brothers is considering buying the house. We will naturally charge him a lot less than the appraised price. Does the mortgage go with the house or are we responsible for paying it off before we sell it to him?

Anthony M. Avery
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answered on Jan 13, 2022

First a determination of who are the titled owners should be made. If the Mortgage is not satisfied and released, the brother takes the improved real property subject to the Mortgage. Apparently none of you all are personally liable on the Note, but if not paid, Foreclosure occurs. Remember... View More

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1 Answer | Asked in Uncategorized for Rhode Island on
Q: Has there ever been a rear-end collision in RI where the front driver was found at fault?

The lane was right turn only, with no traffic coming from traffic on the opposite side. The lane was marked at least 100 feet before turn. Front driver stops short. Meant to go straight, but there was no way to go straight in the lane they were in. No turn signals.

Albin Moser
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answered on Dec 31, 2021

If in a rear end collision the front driver was going in reverse then the front driver might be liable.

1 Answer | Asked in Employment Law for Rhode Island on
Q: A major company isn’t giving their match retirement funds to retired employees. Is this legal?

Lifespan. You can’t even see your match money in your statements they hide it.

Albin Moser
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answered on Dec 29, 2021

Every retirement plan is governed by plan documents. Those documents are summarized by a Summary Plan Description. HR can give you the summary plan description. Also, every retirement plan has a Plan Administrator. Make a request to the Plan Administrator identified in the Summary Plan Description... View More

1 Answer | Asked in Child Support for Rhode Island on
Q: I'm owed back childsupport from 6 years ago and they r saying they can't find my money or my old case

From when my son was a minor

Albin Moser
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answered on Dec 29, 2021

There is a website called the Rhode Island Public Portal that you can use to confirm what they are saying. Maybe when you search you will find the case. Also, if you have any paperwork that has the case number, that would help to identify the case.

1 Answer | Asked in Family Law for Rhode Island on
Q: Right of possession after spouses death?

My 90 year old dad recently lost his wife of 30 years. When he married her, he moved into her house which was in her name. He has contributed to this house for the 30 years he has lived in it. Deceased wifes children have told him that nothing in the house belongs to him and he is entitled to... View More

Albin Moser
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answered on Dec 29, 2021

No, they are wrong. He has certain rights to the house and its contents. He also has the right to claim a share of anything else, including a share of any money.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Rhode Island on
Q: I rescued 6 wk old blind bulldog. I pay all the vet bills,heartwarm grooming ect. Reg to me. How do I get her back
Neville Bedford
Neville Bedford
answered on Dec 6, 2021

It is unclear from whom or what you wish to get your rescue pet back from. If the pet was stolen from you, you may try contacting the police. If an owner with superior title has taken the pet, you may have to file a civil case. Make arrangements to meet with your local attorney to discuss all of... View More

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: My friend has been detained under 3 domestic violence charges.

The court date is in 5 months and it seems the neighbor has pointed their cameras at his front driveway to enforce no contact. After research we found this is legal as the area is deemed public with no expectation of privacy. However the partners statement was made immediately while under distress... View More

Neville Bedford
Neville Bedford
answered on Dec 6, 2021

This public forum is not the place to discuss the details. As much as you want to help, remaining silent is your friend's right. Your friend will be best served by the confidential advice of a licensed attorney.

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