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Rhode Island Elder Law:The field of Elder Law covers all topics of specific interest to those people 65 and over. The basic concerns of wills, powers-of-attorney, healthcare agent designations and estate planning are all encompassed by the practice area of Elder Law. However, the biggest area of concern to many aging citizens is the fear of losing a substantial portion of their assets in the event they enter a nursing home. Asset protection and Medicaid Planning are the common catch-word phrases for this area of concern. Below are some Elder Law FAQ's. Please contact Matthew Slepkow if you have any further questions in this field as the landscape of Elder Law is constantly changing. - What documents should I have in my estate plan?
- What is a Living Will?
- Will the State take my house if I go into a nursing home?
- What steps should I take to protect the house in case of nursing home costs?
- Are there any means for me to retain control of my assets while simultaneously protecting them from the reach of nursing homes?
- What law will govern the strategies and state determinations?
1) What documents should I have in my estate plan? Every person over the age of 65 should have the following documents: a will, a health care power of attorney and a financial power of attorney. 2) What is a Living Will? A Living Will is also referred to as a Healthcare Power of Attorney. It allows you to designate another person to make healthcare decisions in the event you are unable to make them for yourself. For example, if you are unconscious or incompetent, your healthcare agent will make all necessary decisions regarding your care. You can specify your wishes in the document so your agent knows how to treat you on your behalf. Back to Top 3) Will the State take my house if I go into a nursing home? No. The State of Rhode Island will not take your primary residence at any time while you are alive or your spouse is alive. The State may hold a lien against your estate after your death, at which time the house may need to be sold to satisfy the lien. However, the lien is never placed while you are alive, and if you are survived by a spouse living in the residence, the lien is extinguished at your death. > Back to Top 4) What steps should I take to protect the house in case of nursing home costs? One of the best ways to add protection in your estate plan is to transfer the title of your primary residence to your children while retaining a life estate. The life estate allows you to live in the house for the remainder of your natural life, while transferring the title of the house to the children. This method provides complete protection for the house after any applicable penalty period has expired and does not have any adverse tax consequences. > Back to Top 5) Are there any means for me to retain control of my assets while simultaneously protecting them from the reach of nursing homes? The short answer is no. The basic principle is that if you can reach or control your assets, then the nursing home can reach and gain control of those assets. There are various means of asset protection that can be employed and you should seek our counsel. > Back to Top 6) What law will govern the strategies and state determinations? The regulations of your state of principal residence will govern all medical assistance decisions. The system is federally legislated, but locally regulated. Each state has its own enforcement procedures which must be adhered to strictly. > Back to Top Elder Law Links: National Academy of Elder Law Attorneys American Bar Association-Commission on Law and Aging National Elder Law Network United States Department of Health and Human Services-Office of Disability, Aging and Long Term Care National Institute on Aging United States Social Security Administration
AARP Legal Information Center National Academy of Elder Law Attorneys American Bar Association-Commission on Law and Aging National Elder Law Network United States Department of Health and Human Services-Office of Disability, Aging and Long Term Care lawyer, lawyers,attorney,attorneys, elderly, senior citizens,law, rhode island, ri, estateplanning, department health human services, social security administration ,aarp We Do Good Deeds in Record Time" We are the largest law firm in the East Bay concentrating in real estate law. We have conducted over 41,000 title examinations and closings. Five of our six attorneys practice in the real estate field and have combined experience in excess of 75 years. We are the biggest because we are the best. We are the best because we are the fastest. We are the fastest because we are the biggest. This cycle continues to propel our firm to its prominent position as the real estate leader in the East Bay. We are approved attorneys with lenders of all sizes and localities. On the local level, we represent Credit Unions such as Pawtucket Credit Union and Coastway Credit Union. At the regional level we represent such banks as Citizens, Bank of America and Sovereign. Our national lenders include Countrywide Home Loans, Wells Fargo and Washington Mutual. We also work with numerous mortgage brokers around the state including Prime Mortgage, Trident Mortgage, and CNS Mortgage. We provide numerous services to both Buyers and Sellers in residential and commercial real estate transactions. We review, prepare and negotiate offers to purchase and purchase and sales agreements for both parties. If any issues arise during the executory contract period relative to the title examination, the inspections, or the mortgage, we work to resolve the disputes and dilemmas so the deal will close on time to the satisfaction of all parties involved. We conduct closings in our office and nearby real estate brokerage offices when we represent the Buyer. During our representation for the Seller, we prepare deeds and supplemental documentation, and travel to the closing location to attend the closing ceremony. We work closely with all of the major real estate agencies and mortgage originators in the East Bay area. If you need any assistance or guidance selecting a person to help in these specific areas of the transaction, we will be happy to offer reliable referrals. In addition to residential transactions, we also practice in all matters relating to and arising from real estate. We maintain an active zoning and land use practice in the nearby communities of East Providence, Barrington, Warren and Bristol. We handle easements, condominiums, adverse possession cases, partition suits, condemnations, landlord-tenant evictions or disputes, zoning and planning and all other real estate legal matters including litigation. Real Estate Frequently Asked Questions - What is title insurance? How much does it cost? Should I buy it?
- What type of claims are covered by Owner's Title Insurance?
- Why do I need an attorney for a closing?
- When do I get my proceeds as a Seller?
- What happens if the house is not ready for me to move in on the day of closing?
- Where does the closing take place?
- What form of money should I bring to the closing?
- What other obligations are there as a Seller of property?
- Will I receive a survey of the property at the closing?
- Will I receive an appraisal of the property at the closing?
- What if my property is in a flood zone?
- Does a title search or title insurance cover zoning issues?
1) What is title insurance? How much does it cost? Should I buy it? Owner's title insurance protects the Buyer of a property against undiscovered liens or defects in the title prior to the time of purchase. Title insurance insures the record title and protects an owner of property from losses arising from defects occurring prior to the date of the policy. Therefore, it differs from other types of insurance because it is retrospective in nature. It also differs from other types of insurance because there is only a single premium charge for title insurance, but the protection lasts for as long as you own the property. There are different title insurance policies which protect both owners and lenders. Lender's title insurance performs the same purpose, but only for the lender in a transaction. The fee is typically about $2.50 per $1000 for lender's coverage and $3.50 per $1000 for owner's coverage. Lender's insurance is required and you are strongly encouraged to purchase owner's insurance for numerous reasons. If you have any questions in this regard or have been given advice that owner's insurance is not necessary, please contact one of our attorneys to make an informed decision. Since one's home is usually the single biggest financial investment, it is highly prudent and wise that a homeowner would want to protect that investment and enjoy the benefits of ownership. An owner's title policy is that protection. > Back to Top 2) What type of claims are covered by Owner's Title Insurance? The owner's title policy insures against loss or damages sustained by the owner by reason of historical discrepancies such as forgery, undisclosed but recorded prior mortgages, bankruptcies, liens or divorces, deeds not properly recorded, missing wills or heirs, and inadequate property descriptions. > Back to Top 3) Why do I need an attorney for a closing? An attorney should always be present at a closing to answer legal questions and to resolve disputes. Most lenders require the presence of an attorney at all closings. At our firm, all closings are always conducted by an attorney. In Rhode Island, the buyer has the right to choose the attorney to handle the title search. You should always insist on an attorney instead of a title company, as we will help to resolve the problems which arise, and will not limit our scope to merely searching the title. > Back to Top 4) When do I get my proceeds as a Seller? The Seller will be given the proceeds from the sale after the deed has been recorded. In our office, we always record the documents the same day if the closing occurs before noon, and within 24 hours of closing in any event, barring weekends and holidays. > Back to Top 5) What happens if the house is not ready for me to move in on the day of closing? If the house is not in the proper condition to move in at the time of closing, you will need to consult with an attorney. At our firm, if we are handling the closing, we will always strive to help the buyer with the predicament. Options include postponing the time of closing, giving a buyer credit, or escrowing funds from the seller until the property is in the proper condition. > Back to Top 6) Where does the closing take place? The closing will occur at the attorney's office for the buyer. Occasionally, the closing may occur at the lender's office or a real estate agency, but the vast majority close at the attorney's office. > Back to Top 7) What form of money should I bring to the closing? Buyers should bring a bank check or certified funds to closing. If one of these options is not available, buyers should make arrangements to wire funds directly to the closing attorney at least one business day prior to the day of closing. If verifiable funds are not present at the time of closing, the recording of the documents will be delayed and the buyer may not be able to move into the new home. Personal checks or cash are acceptable in nominal amounts up to a maximum of $1000. > Back to Top 8) What other obligations are there as a Seller of property? The seller is obligated to produce a Smoke Detector and Carbon Monoxide Detector Certificate at the time of closing. To obtain a certificate, the seller or its agent must contact the fire department for the municipality in which the property lies to conduct the inspection. > Back to Top 9) Will I receive a survey of the property at the closing? No. In Rhode Island, lenders do not require surveys. Unless the buyer requests a survey, no one will physically verify the boundaries of the property. In Massachusetts, a lender may require a plot plan of the property which does not formally locate all of the property boundaries, but it does locate the house in particular vicinity within the boundary lines. > Back to Top 10) Will I receive an appraisal of the property at the closing? You are always entitled to a copy of the lender's appraisal if there is a lender involved on your behalf as a buyer. The appraisal is often presented at the closing, or it can be requested in writing. > Back to Top 11) What if my property is in a flood zone? If the property you are purchasing is in a flood zone as depicted on the government maps, the lender will require you to obtain flood insurance. You should be careful of this whenever the property is near the water as flood insurance is often quite costly. > Back to Top 12) Does a title search or title insurance cover zoning issues? No. Zoning determinations are completely separate from the title to the property. If you want an attorney to verify the zoning for you, an additional fee would be required. > Back to Top Real Estate Links
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Eviction/Landlord - Tenant LawAt Slepkow, Slepkow & Associates, we have attorneys capable of representing either landlords or tenants in all eviction and landlord-tenant matters. Attorney Bruce Cox has over 22 years of experience handling evictions and Attorney David Slepkow has over nine years handing evictions. Our attorneys have done hundreds of Rhode Island evictions and landlord-tenant cases. David Slepkow and Bruce Cox provide aggressive legal services in all landlord-tenant matters, including: - evictions for non-payment of rent
- evictions for holdover tenants
- evictions of problem tenants
- 30-day notice to terminate tenancy (5 day demand letters for non-payment of rent)
- landlord failure to supply necessary services, including heat & electricity
- self-help evictions
- restraining orders related to the landlord-tenant relationship
- complex evictions
- commercial evictions
- evictions after foreclosure
- tenants at will
- tenants at sufferance
Eviction/Landlords-Tenant Law Frequently Asked Questions
- How long does it take to evict a tenant for non-payment of rent in Rhode Island?
- Is it legal to do a self-help eviction in Rhode Island?
- How long does it take to evict a month-to-month tenant?
- My tenant has a lease but is violating the lease and causing problems.
What do I do?
1) How long does it take to evict a tenant for non-payment of rent in Rhode Island? In order to begin the process of evicting a residential tenant in Rhode Island (RI) for non-payment of rent, the tenant must be more than 15 days late and then a five-day demand notice must be sent to the tenant. After the five days, you are entitled to file a complaint for eviction of the tenant for non-payment of rent and the court date will be nine days thereafter. If the ninth day falls on a weekend or holiday, then it will carry over to the next business day. After attending court to get the tenant out, it will take a minimum of five days to evict the tenant up to a potential of a month or longer (if there is an appeal). > Back to Top 2) Is it legal to do a self-help eviction in Rhode Island? No. Under Rhode Island law it is illegal for a landlord to do a self-help eviction. The landlord must go through the proper legal channels in order to evict a tenant from the premises. In the event that a landlord does an unlawful eviction, the tenant is entitled to collect damages against the landlord. > Back to Top 3) How long does it take to evict a month-to-month tenant? In order to evict a month-to-month tenant, you are required to send a thirty-day notice to terminate the tenancy pursuant to Rhode Island law. After the thirty-day period has expired, then the landlord is allowed to file a complaint for eviction. This type of eviction is a lengthy process because you must not only wait the thirty days, but the tenant has a minimum of twenty days to answer and after that it takes a minimum of ten days before you can get a court date. After that court date, it takes a minimum of 5 days up to a month or longer to get the tenant out (depending on whether or not there is an appeal). > Back to Top 4) My tenant has a lease but is violating the lease and causing problems. What do I do? Pursuant to Rhode Island law you can send them a notice asking them to terminate the offending behavior within 20 days. If they do not terminate the offending behavior, then you are able to file an eviction against them. These types of evictions are lengthy and you must prove that you sent the notice and that the tenant did not comply with the notice after receiving the notice. If the tenant is a month-to-month tenant, then it is better to terminate the offending tenant's tenancy rather than go through the above-described process. > Back to Top Eviction/Landlords-Tenant Links
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