Divorce Lawyer and Criminal Defense Attorney for Rhode Island & Massachusetts

Facebook & Court - Be careful what you write.

2012-08-20T13:05:00.002-07:00

Is what you write on facebook private?

No, not according to United States Federal Court Judge William Pauley III. Federal prosecutors were able to use what a criminal defendant wrote on his facebook profile against him. This person had written threats on facebook which federal prosecutors were able to use against him in a criminal proceeding.

http://www.tecca.com/news/2012/08/16/facebook-privacy-court-ruling/

Prosecuters in Rhode Island were able to use pictures that a criminal defendant had posted on his facebook profile to show that he had propensity for firearms. If you questions about how facebook can be used in a criminal or family court proceeding, please call my office at 401-942-3100.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Divorce Attorney-Who do I hire?

2012-08-14T05:20:00.002-07:00

Divorce Attorney - Who do I hire?

The divorce process can be a very difficult and stressful process. You should hire a lawyer who will make the process less stressful for you. It is important that you hire a lawyer who believes in you. It is equally important that you find a lawyer who you feel comfortable with for the process.

Before you meet with a lawyer you should make a list of the following:

Questions you have about the process?

How much time is this going to take?

Questions about division of assets?

Bring a list of your assets to the first meeting.

Questions about division of debts?

Bring a list of your debts to the first meeting.

Is child custody, visitation and support going to be an issue?

Is Alimony going to play into your case?

Bring you tax returns, pays stubs and other relevant financial paperwork.

How does the lawyer charge?

These are just a few of the many questions that we will go over with you on your first initial free consultation. It is important that you select the right lawyer for your divorce in Rhode Island or Massachusetts. If you have questions about these or any other issues, please contact my office at 401-942-3100.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

NEW - RI Child Support Guidelines Increase

2012-08-13T07:12:00.002-07:00

Rhode Island Family Court Child Support Guidelines.

Recently the Rhode Island Family Court has updated its Child Support Guidelines. This update has resulted in the monthly amount of child support that paying parents pay, going up. As a result, parents receiving child support could get more in their weekly or monthly payments. If you are receiving child support and would like to recalculate your child support, one should ask a lawyer the following questions:

Am I entitled to recalculate child support at this time?

If this is a new child support order, am I entitled to retroactive child support?

Is the child support going to be garnished? (take directly from a paycheck)

Am I entitled to receive any other expenses in addition to child support?

If you have questions about child support or any other family court matter, please call Attorney Rui P Alves for a free consultation at 401-942-3100.

Hit & Run in Rhode Island

2012-04-27T03:17:00.002-07:00

From the Providence Journal Newspaper

COURTS

The penalty for his choice

Jose M. Cordeiro sentenced for hit-and-run crash that left young girl severely injured

By GREGORY SMITH JOURNAL STAFF WRITER

PROVIDENCE — Nancy Ramos was a happy 15-year-old when she left her family’s apartment in the Codding Court public housing to meet a new friend on Columbus Day weekend in 2009.

About two hours later she was fighting for her life at Hasbro Children’s Hospital, where she was taken after having been run down by a Jeep operated by a hit-and-run driver on Narragansett Boulevard in the Washington Park neighborhood. She was hospitalized for seven months.

Having suffered a broken left leg and a brain injury, a 17-year-old Nancy now spends her days in a wheelchair, partially paralyzed, in a long-term-care facility. “Her reaction is, ‘Why me,’ ” a sister, Damaris Martinez, said recently.

The driver was Jose M. Cordeiro, an auto-body repairman nicknamed “Joe Maaco,” for the Maaco chain of auto-paint shops, who was at the wheel of a customer’s vehicle. He had picked up the Jeep about one hour before the accident. Afterward, he left it at the customer’s house with more damage, according to court evidence.

Thursday was Cordeiro’s day of reckoning, in Superior Court. Cordeiro, with a crumpled tissue in his hand, and Nancy’s family began crying midway through a sentencing hearing.

He pleaded guilty to a charge of leaving the scene of a motor vehicle accident, with serious bodily injury resulting. Judge Netti C. Vogel imposed a prison sentence of 10 years, with 5 to serve at the Adult Correctional Institutions and the rest suspended with probation.

She ordered that his driver’s license be suspended for two years and that if it is reinstated, his car for two years must have an ignition interlock device that prevents him from turning on the engine until he has breathed into the device to prove that he has not consumed alcohol.

Vogel recited the facts of the case, including Cordeiro’s admission that he stopped the vehicle, opened the driver’s side door, looked back, and then took off after the impact, which the police said threw Nancy 71 feet.

Cordeiro left her in the street “like road kill,” Vogel said.

“You made a choice. … You had to know that she was suffering.”

Cordeiro, 57, of 11 Paula Lane, Johnston, and a citizen of the Azores, faces possible deportation as a result of the conviction, Vogel pointed out.

John E. MacDonald, one of Cordeiro’s lawyers, told the judge that his client is the father of a 25-year-old son who is housebound in a wheelchair and for whom Cordeiro is the sole financial support. He asked Vogel to see that Cordeiro have work release while at the ACI so Cordeiro could continue to earn money. But she left that decision to the Department of Corrections.

Yadira Martinez, another of Nancy’s sisters, gave a victim-impact statement on behalf of Nancy, who relatives said could not be brought to court.

“You took something very special from us. … ,” Martinez said. “I want you to look at me. You made us suffer. …”

In Portuguese translated to English, Cordeiro said later, “I am very, very, very sorry for what happened to their little girl.”

“Every day in the evening, I pray for that young lady. …”

Said Vogel, “I think that the family must have taken some solace from your tears.”

Some of the common reasons for hit-and-run accidents, according to the police, is that the driver has been drinking alcohol and fears the consequences of that, has an outstanding arrest warrant, and/or is driving without a license.

Vogel referred to Cordeiro’s two previous convictions for driving while intoxicated and said she does not know if he was drunk in this case because he fled the scene.

“You were an accident waiting to happen,” she declared.

Court evidence shows that Cordeiro admitted that he had been drinking before the accident. In a statement to the police, Cordeiro said he remembers nothing between 7 p.m. and 8:30 p.m. on the night of the accident, Oct. 10, 2009. Nancy was struck at 7:58 p.m.

“Cordeiro was highly intoxicated when his wife, Nellie, arrived to pick him up” on Park Avenue, Cranston, later that night, a police report states.

Cordeiro was not charged with drunken driving. If he had been, he would have faced a more severe sentence, according to Sgt. Paul F. Zienowicz, commander of the Providence police traffic-services unit.

Detectives did not identify Cordeiro as the driver and locate him until the day after the accident. So too much time had passed, the police noted, to get a usable test of his blood alcohol content. Even if they could, he mighthave been drinking after the accident as well, spoiling any potential link that might have been made between the accident and the alcohol.

Cordeiro’s case was resolved as the General Assembly considers proposals to beef up the laws on hit-and-run accidents and drunken driving, among other motor-vehicle legislation.

In 2011, there were about 20 serious hit-and-run accidents statewide, of which 3 were fatalities, according to Sen. Edward J. O’Neill, an independent who represents a district in Lincoln, Pawtucket and North Providence, and sponsor of a bill that would stiffen the penalties for hit-and-runs.

In Providence alone, there are about 2,600 hit-and-run accidents annually, most of which involve only property damage. gsmith@providencejournal.com

(401) 277-7334

THE PROVIDENCE JOURNAL / KATHY BORCHERS

Jose M. Cordeiro appears in court Thursday with defense attorney John MacDonald, left, and interpreter Dalila Ferreira.

Nancy Ramos, shown in a family photo, was 15 when she was run down by a hit-and-run driver on Narragansett Boulevard, Providence, on Oct. 10, 2009. The accident left her partially paralyzed and confined to an undisclosed rehabilitation facility.

THE PROVIDENCE JOURNAL / CONNIE GROSCH----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

5th Amendment

2011-12-09T07:01:00.000-08:00

Law Firm Says Judge Jailed Defense Attorney for Telling Client to Take the Fifth at His Arraignment

Posted Dec 6, 2011 4:53 PM CST By Martha Neil Email Print Reprints

Updated: A Michigan criminal defense lawyer spent about four hours in jail on Friday after being held in contempt for telling a client to assert his Fifth Amendment right against self-incrimination at his arraignment.Attorney Scott Millard, 29, who works for Miel & Carr, was supposed to be jailed until Monday. However, he was released Friday after Ottawa County Circuit Judge Edward Post issued an emergency stay of Hudsonville District Court Judge Kenneth Post's contempt order, according to the Grand Rapids Press and the Holland Sentinel.The articles don't explain whether the two judges are related to each other.Post apparently had sought information about the 20-year-old client's drug use to determine appropriate bond conditions. However, Millard reportedly told him not to answer, because he might incriminate himself.Chief District Court Judge Brad Knoll told the newspaper such questions are appropriate for this purpose at an arraignment, and Judge Kenneth Post told the Grand Rapids paper he could not comment on a pending matter.However, attorney Josh Blanchard, who also works for Miel & Carr and is representing Millard in the contempt matter, disagreed, calling the district court's procedures not compliant with the law.Blanchard also said Millard had done nothing wrong, only "what the law expects of an attorney." He said Millard “remained calm despite the judge’s threats of jail. He behaved in a manner we’d expect.”Millard is appealing the contempt ruling and has asked the circuit court to take oversight of his client's minor-in-possession case.A subsequent ABAJournal.com post provides additional details:Transcript: Told to Sit Down, Be Quiet, Lawyer Blocked Judge's Drug Queries, Was Jailed for ContemptUpdated on Dec. 7 to link to subsequent ABAJournal.com post.----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Child Abuse

2011-12-06T03:43:00.000-08:00

New unit to tackle cases of child abuse

A small staff of prosecutors and victim advocates will work closely with Day One, a private agency that deals with issues surrounding sexual assault

By W. ZACHARY MALINOWSKI JOURNAL STAFF WRITER

BY THE NUMBERS

PROVIDENCE — Attorney General Peter F. Kilmartin announced on Monday the formation of a Child Abuse Unit whose sole focus will be to prosecute suspects charged with the sexual and physical abuse of children.

The unit will be led by Shannon Signore, a special assistant attorney general, and she will have a small staff of prosecutors and victim advocates trained in handling the emotional and psychological effects associated with molestation and other crimes against young people. Until now, the cases were handled by prosecutors in county courthouses who also handle a wide variety of other crimes.

Kilmartin said that will change with the new unit.

“All the referrals are going to go to Shannon [Signore],” a state prosecutor for 10 years, Kilmartin said. “She is going to make the determination.’’ undertaking

Collaborative

The well-attended announcement was made in the basement of Day One, a private agency in Wayland Square that deals with issues surrounding sexual assault as a community concern. Kilmartin’s office will work closely with the Day One staff, along with local police departments, the Department of Children, Youth and Families, and doctors at Hasbro Children’s Hospital to tackle the problem of child abuse.

Dr. Amy Goldberg, a certified child-abuse pediatrician at Hasbro, said that she has been waiting 11 years for something like the Child Abuse Unit and the collaborative effort among the various agencies to take hold. She said that physicians at Hasbro annually evaluate about 1,500 children who are possible victims of abuse. According to Kilmartin’s office, state prosecutors have charged 40 people with child molestation this year and 34 others face felony counts of child abuse or child neglect.

Law-enforcement officials say it’s difficult to gauge whether more children are abused or attacked today than in the past.

Kilmartin said that, historically, children and families were reluctant to report abuse because of the “shame attached.” And, in many cases, the abuser is a family member or someone close to the family.

Kilmartin and Margaret “Peg” Lynch-Gadaleta, a former prosecutor who serves as Day One’s director of advocacy and legal services, said the Child Abuse Unit will ease the victim’s journey through the criminal-justice system. Instead of sitting down for a series of interviews with doctors, police officers and prosecutors, a child will go directly to the unit and tell his or her story.

“These victims are the least likely to be able to stop crimes from being committed against them, report crimes to law enforcement and have the support they need to get through the legal process,” Kilmartin said. “All of the attorneys and support staff in this unit have both a desire and a commitment to help victims survive the crimes committed against them, and empower them to be involved in the process of punishing the perpetrator of the crime.”

Interim Providence Police Chief Hugh Clements hailed the collaborative effort of the police, attorney general’s office and other agencies. He underscored the problem in Providence by saying that there are 477 registered sex offenders in the city.

“We take this seriously,” he said. “These victims are our most vulnerable.”

On another note, officials at Day One announced that its Children’s Advocacy Center has been re-accredited by the National Children’s Alliance.

“Accreditation not only validates Day One’s proven effective approach to responding to allegations of child abuse, but also provides consistency across the child-advocacy movement as a whole,” said Peg Langhammer, Day One’s executive director. bmalinow@providencejournal.com

(401) 277-7019

Sexual offenses

Day One, the sexual-assault and trauma resource center, supplied the following statistics:

17.6 percent Percentage of women in the United States who say they are victims of a rape or attempted rape. Of those, 21.6 percent of the survivors are between the ages of 12 and 17 years old.

1 in 4 Ratio of girls in the United States who are sexually abused before their 18th birthday.

1 in 6 Ratio of boys in the United States who are sexually abused before their 18th birthday.

Source: Day One

RI Federal Court

2011-12-03T05:28:00.000-08:00

COURTS

As lawyers strategize, the music plays on

By MICHAEL P. McKINNEY JOURNAL STAFF WRITER

PROVIDENCE — It was day three of the federal trial of some police officers accused in a lawsuit, and the lawyers were at odds. It was time, on the issue of how to pose a question to a witness, to face the music. And hear some, too. As the lawyers approached the bench, orchestral music wafted through courtroom speakers and, not unlike a conductor striding from the stage, Judge William E. Smith walked out to meet the lawyers in sidebar, trying to get everyone in tune. At least five times that day, the music sounded as judge and legal teams shuffled back and forth in U.S. District Court. Instruments performed sweeping, lush harmonies. The judge and lawyers talked, hand motions in abundance, but to the observer theirs was a silent film with only a soundtrack.

Every time they headed back to the defense and plaintiff tables, the music stopped and questioning resumed.

The music is there to shield the sidebar discussion from the ears of jurors and witnesses, Smith said in an interview.

Anyone who’s sat in at a state District Court hearing or Superior Court trial has heard whispers or more as legal teams and judge strategize in not-quite dulcet tones. In federal courtrooms, besides music, the options can include white noise, a sound played to mask other sounds in a space, during the sidebars, or bench conferences . In some federal courtrooms, in which sidebar conversations are deemed not audible, no sound is played.

Smith had served a year or so in the other federal court building across the street.

“I couldn’t stand that white noise,” he said, and wondered if it might bother jurors.

So about eight years ago, Smith said, he decided to opt for playing music, typically classical. “It’s just a little more pleasant.”

While he prefers to keep sidebars to a minimum for the jury’s sake, Smith said, he has never had one of the conferences run so long that music ran out. He recalled a longer trial where the music — “I think it was Vivaldi” — had become repetitive, so some Van Morrison and a little Bob Dylan filled in during sidebars.

To shroud the conversation, he said, “Van Morrison was better than Dylan because Van Morrison has some orchestra in it.”

But instrumental music is the norm.

“Classical is probably the best choice,” Smith said, “because it fills the space better than almost any other kind of music you could find.” Other music, he said, may have gaps where nothing is being played, allowing some sidebar conversation to be heard. And, he said, given differing tastes, he felt people would largely be amenable to classical.

Classical is a catch-all term for music including several eras: 17th-century baroque pieces, such as those written by J.S. Bach; 18th-century music by composers including Mozart; 19th-century romantic works by the likes of Beethoven, Brahms and Chopin; and 20th-century music by composers such as Shostakovich and Britten.

Outside of work, Smith said, he likes music of his generation and some that his children have introduced him to, bands such as Wilco and The Decemberists. Growing up, he tried his hand at the guitar but said he didn’t think he was so good at it; he had friends who played better.

In Smith’s courtroom, a clerk uses a high-tech console to activate everything from case exhibits on video screens to audio for testimony. She also cues up the music selection.

Smith said the court building had its sound system redone in the last year. Speakers are embedded in wood in various locations.

Don’t expect a television legal-drama moment where an ominous soundtrack accompanies a perfectly scripted prosecutor delivering a speech which, in a real courtroom, might not get past the word “objection.” And there’s no way to make a bootleg recording; cell phones and recording devices are not allowed in federal courtrooms. The music lasts for what’s far from concert length.

But Smith said he’s heard enough of the current choices, so the soundtrack will change again soon. A clerk is bringing in new music. mmckinne@providencejournal.com

(401) 277-7447

THE PROVIDENCE JOURNAL / MARY MURPHY

Judge William Smith prefers to keep private sidebar conferences with lawyers to a minimum, but when they’re needed, he prefers to play classical music so jurors don’t hear.

Divorce & Holidays

2011-11-17T17:40:00.000-08:00

Marie Hartwell-Walker, Ed.D.

GET UPDATES FROM MARIE HARTWELL-WALKER, ED.D.

Divorced Parenting During the Holiday Season: Flexibility is the Key

Posted: 11/15/11 03:00 AM ET

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One November, a colleague of mine asked the divorced parents of an angry and hostile 7 year old boy she was seeing for therapy to come to a consultation session. She handed them a doll: "You take the arms", she said to the dad. "Now you take the feet", this to the mom. "Now pull in opposite directions."

"But we'll break the doll," objected the mom.

"Right," said my colleague. "You two have got to stop fighting about who is going to get the kids on Christmas. It's tearing your son apart."

I wish I could report that that dramatic moment changed everything. It didn't. But the parents involved did love their son more than they hated each other and the demonstration got their attention. They did start to work in therapy to get the unresolved issues from their divorce out of the holidays for their children.

It's easier said than done. Parents who could never cooperate while married often find that the holiday season throws them back into the same kinds of arguments and stressful interactions that led to the divorce. Decisions about who goes where and when, who should pay for what, and who should be included in a child's sense of family are all potential stressors. If the parents make negative comments about each other, fight in the kids' hearing, or look for the kids to side with them, it's the kids who suffer most of all.

It doesn't have to be that way. The key to keeping stress down for the kids during the holiday season is adult flexibility.

Be flexible about dates: The old song, "The Twelve Days of Christmas," had it right. Christmas is a season, not a 24 hour day. If you don't believe that it's second rate to spend time with the children on a day other than Dec. 25, they won't either. Even if your ex tries to make an issue of it, you don't have to. Focus on your kids' feelings, not on the date.

Be flexible about traditions. You may want to establish new traditions for your new idea of family. The kids may want to hold onto the way they've always done things. Traditions give kids a sense of predictability in an uncertain world. By all means, fold some new activities into your old routines to make the statement that things are different now. But make sure to honor your children's need for continuity as well.

Be flexible about who you include in family celebrations. There are divorced couples who are able to set aside their differences enough to participate in some Christmas activities together. Some are able to accept and include their ex's new partner as part of the new reality. And many people include former in-laws in holiday events with their children. If there are good reasons you can't, you can't. But when adults are able to get along or at least be reasonably polite with whoever is involved in the children's lives during holidays (and every day, for that matter), children are reassured that they won't lose anyone from their sense of family. They can like, even love, each of their parents' new partners. the families of those new people, and their original extended family without fearing the loss of affection from anyone.

Feeling caught in a fight for their loyalty between the two parents they love is highly destructive to kids' sense of safety and to their ability to form trusting intimate relationships of their own someday. When divorced parents are able to set aside their disappointments and anger with each other and instead focus on the kids' needs, they give their children the best Christmas gift of all.

Marie Hartwell-Walker, Ed.D. is a marriage and family therapist and parent educator with over 30 years experience working with families. She is the author of Tending the Family Heart: Connecting your family in Disconnecting Times. It is available on Amazon and the Barnes and Noble websites; as well as on PsychCentral.com. Tending the Family Heart through the Holiday Season is coming soon fromPsychCentral.com. Visit her online at www.MarieHartwell-Walker.com.

2011-11-15T14:08:00.000-08:00

Facebook Passwords Must Be Shared in Divorce Case
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A Connecticut judge ordered a divorcing couple to share their Facebook and
other online account passwords, underscoring the importance social media
information plays in family court cases.
The judge issued the order in response to the husband’s revelation his wife
wrote incriminating posts on Facebook about her feelings towards the children
and her ability to care for them on the couple’s shared computer. Wife Courtney
Gallion was also ordered to hand over passwords for her eHarmony and Match.com
accounts.
In March, the American Academy of Matrimonial Lawyers found 80 percent of divorce cases
included social media posts, mostly from Facebook, as evidence in the past
five years. And the evidence can extend beyond written posts to the pictures
that users include on their profiles.
“I saw a picture of a toddler in front of a coffee table with bags of
marijuana, whiskey bottles and a big pile of money,” said Janice Davidson,
director of the Marion County Domestic Relations Counseling Bureau, to the
station. “We called Child Protective Services and got them involved so they
could make sure that child was protected.”
Administrative Law Judge Ellen Bass ruled today a Paterson, N.J.-based
teacher’s comments, referring to the school’s students as “future criminals” in
a frustrated post, “demonstrated a complete lack of sensitivity to the world in
which her students live.”
Bass recommended the teacher be removed from her tenured position.
Lawyers aren’t the only ones snooping online. Police, prosecutors and health
insurers are increasingly mining social media for evidence to prosecute crimes and
investigate fraud. Lawyers are even increasingly sifting through the
postings, messages and check-ins on social networking sites to even determine jury
selection.
Some may see the judge’s order in the Gallion case as court-sanctioned
hacking, but others see it as a reasonable request for a relevant piece of a
family court puzzle. Regardless, the court is following the population’s
fascination with the technology and ruling as it sees fit, and the increasing
prevalence of Facebook and social media will ensure the subject will likely be
one courts will wrestle with in the future.
This post
originally appeared at Mobiledia.----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Facebook & Divorce

2011-11-15T14:06:00.000-08:00

Facebook Passwords Must Be Shared in Divorce Case
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A Connecticut judge ordered a divorcing couple to share their Facebook and
other online account passwords, underscoring the importance social media
information plays in family court cases.
The judge issued the order in response to the husband’s revelation his wife
wrote incriminating posts on Facebook about her feelings towards the children
and her ability to care for them on the couple’s shared computer. Wife Courtney
Gallion was also ordered to hand over passwords for her eHarmony and Match.com
accounts.
In March, the American Academy of Matrimonial Lawyers found 80 percent of divorce cases
included social media posts , mostly from Facebook, as evidence in the past
five years. And the evidence can extend beyond written posts to the pictures
that users include on their profiles.
“I saw a picture of a toddler in front of a coffee table with bags of
marijuana, whiskey bottles and a big pile of money,” said Janice Davidson,
director of the Marion County Domestic Relations Counseling Bureau, to the
station. “We called Child Protective Services and got them involved so they
could make sure that child was protected.”
Administrative Law Judge Ellen Bass ruled today a Paterson, N.J.-based
teacher’s comments, referring to the school’s students as “future criminals” in
a frustrated post, “demonstrated a complete lack of sensitivity to the world in
which her students live.”
Bass recommended the teacher be removed from her tenured position .
Lawyers aren’t the only ones snooping online. Police, prosecutors and health
insurers are increasingly mining social media for evidence to prosecute crimes and
investigate fraud . Lawyers are even increasingly sifting through the
postings, messages and check-ins on social networking sites to even determine jury
selection .
Some may see the judge’s order in the Gallion case as court-sanctioned
hacking, but others see it as a reasonable request for a relevant piece of a
family court puzzle. Regardless, the court is following the population’s
fascination with the technology and ruling as it sees fit, and the increasing
prevalence of Facebook and social media will ensure the subject will likely be
one courts will wrestle with in the future.
This post
originally appeared at Mobiledia .http://www.forbes.com/sites/mobiledia/2011/11/14/facebook-passwords-must-be-shared-in-divorce-case/?feed=rss_home----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Progreso Latino Citizenship Program Funding Awarded

2011-10-08T05:03:00.000-07:00

Progreso Latino provides local assistance to permanent residents in Providence, Central Falls, Pawtucket, Cranston and East Providence, in the form of wellness care and immigration programs.

If you need the assistance of an Immigration Attorney in RI, contact Rui P. Alves at (401) 942-3100 or use the contact form HERE for more information.

RI's Progreso Latino gets $200,000 for citizenship program

Donita Naylor
September 21, 2011
CENTRAL FALLS, R.I. -- The community organization Progreso Latino has received a $200,000 federal Citizenship and Integration Grant grant to help its citizenship and integration program, federal officials announced Wednesday.

The grant is part of $9 million awarded by U.S. Citizenship and Immigration Services, said its director, Alejandro Mayorkas, said Wednesday in announcing the grants going to 42 organizations from 27 states and the District of Columbia, a news release said.

Progreso Latino has worked more than 30 years providing health, early childhood education and immigration programs. It will continue leading the Rhode Island Citizenship Consortium that is using a similar grant from 2009 to provide citizenship preparation services to low-income permanent residents in Providence, Central Falls, Pawtucket, Cranston and East Providence.

Domestic Violence Can Escalate to the Workplace

2011-10-05T04:52:00.001-07:00

A recent shooting at a Lowe’s store in NC that was linked to a domestic violence issue between a husband and wife, highlights the need for more control over workplaces and employees who may be victims of or dealing with domestic violence at home.

If you have been involved in domestic violence in RI of any kind, contact Alves Law at (401) 942-3100 or use the contact form HERE for more information.

Local employers to learn how to prevent domestic violence in the workplace

Melissa Hankins
September 21, 2011

CHARLOTTE, NC (WBTV) - A stunning display of how domestic violence can spill over into the workplace occurred locally Monday night, leaving Lowe's employees devastated.

A woman was working the register when her husband came in and shot her to death. Then, he killed himself.

"Oh, it was just absolutely heartbreaking. But it really highlights the reason we've been planning the summit for months now," says Kelly Coyne.

Coyne works with United Family Services. The Charlotte non-profit will host a conference October 7th and 8th, designed to help businesses prevent tragedy.

"What's really important for employers to know is that they have domestic violence victims that are already there," Coyne says. "This isn't something that happens to those people that work at those types companies. It is really prevalent at all companies."

"Telling Amy's Story" is a movie to be screened at the summit, and it tells the story of a woman murdered during her shift at Verizon. Her death inspired managers there to make huge changes.

"They have a fabulous domestic violence in the workplace policy and have really put their money and their training where their mouth is," Coyne says.

Verizon gives employees time off to get restraining orders and other help, it provides conference rooms for conversations that can't be held at home.

The company relocates workers if they need to move - the lists goes on, and it all benefits both victims and the company.

"If the compelling reason to save lives isn't enough for an employer, it really impacts the bottom line. The Department of Labor estimate $5 billion dollars per year is lost to due to domestic violence," Coyne says.

Domestic Abuse Statistics Sobering

2011-09-21T10:38:00.000-07:00

Statistics regarding domestic abuse in New York show that the "least safe place for a woman... is her own home." With "44 percent" of them killed by a partner. If you are being abused, or are ready to leave an abusive relationship, contact an abuse helpline service or your local police before you do anything to ensure your own safety and the safety of the rest of your family.

And when you are ready to legally separate from the union, contact me for help at (401) 942-3100 or use the contact form HERE for more information.

I'm Establishing a Non-Profit to Offer Divorce Help to Abused Women
Jeff Landers

A few weeks ago, I ran across a truly jarring statistic, and I still can’t shake it from my thoughts.

Data collected by the New York State Division of Criminal Justice shows that, for the second year in a row, 44 percent of all women killed in New York were killed by an intimate partner.

As State Division of Criminal Justice Services acting commissioner Sean Byrne pointed out to WCBS, “That means the least safe place for a woman in New York State is her own home.”

Unfortunately, I’ve seen firsthand just how true this statement is. Over the years, I’ve been retained by quite a few women who, at the time, were in physically and/or mentally abusive relationships.

We all know that even under the best of circumstances, divorce is complicated and emotionally trying. For these women, though, the process is exponentially harder. Typically, they know very little about their family finances because controlling husbands are extremely secretive about financial matters. And, of course, women in abusive relationships live under the very real threat of physical violence if their husbands get angry and/or suspicious.

Many are simply frozen with fear. They’re terrified about their own safety and the safety of their children.

It’s something I’ve seen far too many times, and I’ve decided I’m going to do what I can to help. Currently, I am in the process of establishing a non-profit charity that will help abused women get the legal and financial advice they need to divorce their spouse.

After all, physical abuse is usually associated with what Jeffrey A. Friedman, Executive Director of The Retreat, calls “financial abuse.”

The Retreat, which is located in The Hamptons on Long Island, NY, is an organization that works to break the cycle of family violence while also providing safety, shelter and support for domestic abuse victims. As Jeff sees it, the correlation between physical and financial abuse is strong and can lead to long-term debilitating consequences.

“Domestic Violence is all about power and control,” he told me. “More often than not an abuser can control a victim by controlling the finances in the household. Money is the means that they can ensure financial dependence. Financial abuse can mean: preventing you from getting or keeping a job, having you to account for every penny spent, denying access to check book/account/finances, threatening to force you out of the house and make you homeless and demanding your paychecks. Financial abuse can have serious and long term effects. Victims can become trapped in a cycle of poverty, can experience unhealthy physical and psychological effects and feel hopeless and trapped in the abusive environment.”

Continued HERE

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Child Custody Case Results

2011-09-10T16:07:00.000-07:00

FACTS:

A Massachusetts mother who leaves the state for another part of the country, taking along the children in the middle of the night without any notice to father. Attorney Alves obtained an Emergency Order returning the children to the father, and assisted the father in hiring another attorney, elsewhere in the United States, to enforce the order.

DECISION:

The Judge ordered the children returned to Massachusetts even though the mother is still in another other part of country.

Revenge in Divorce: Is it worth it?

2011-09-03T05:36:00.001-07:00

You caught your spouse with someone else, and now you’re going to make them pay. Your spouse left you and the children, and now you want revenge.

Divorce is already one of the most stressful things that a family can go through. Adding your anger and possibly violence to the mix is not the solution. It is completely understandable to be upset and very angry even when a marriage does not make it. But letting that hurt turn into aggression or any kind of violence will compound the problem and bring even more sorrow to your family, as well as yourself.

In addition to the emotional aspects of carrying your anger through your divorce, there is a very real financial burden and time delay that will occur if you plan to be disagreeable throughout the process of your divorce.

Clients need to ask themselves what their ultimate goal is in obtaining the divorce, what kind of relationship they want to have with their ex-spouse (if any at all), what assets they want to claim or keep, and most importantly – if there are children involved, to what degree are parties willing to go to achieve their ends.

Rui Alves is the kind of divorce attorney who can help you sort out your differences within the boundaries of the family law system. Clients often are so enraged or emotional during the divorce process that they forget that having a vendetta out against their soon to be ex will only prolong the process, cost more money, and do more emotional damage to the entire family.

Additionally, if you are seeking a divorce on the grounds of your being angry over a single incident, you need to evaluate the situation and ask yourself if it is the best course of action for your circumstances. Anger will only cloud your judgment and cause you to do and say things that you will regret later.

If you need help with marital issues, or are ready to move forward with the next step and start the divorce process, call Mr. Alves at (401) 942-3100 or use the contact form HERE for more information.

What are some of the additional grounds for divorce in RI?

2011-08-18T16:19:00.001-07:00

We are all fairly familiar with the traditional grounds for divorce, "Irreconcilable Differences." Yet, few if any of us understand that there are eight other categories that can be taken into consideration as grounds for a divorce between two people. And though the cases are extreme where they are called into question, the fact that they exist gives an indication about the direction a divorce case can and sometimes does travel.

To begin, let's define Irreconcilable Differences as an unworkable breakdown of communication that has caused discourse or disagreement, and taken the marriage to an advanced stage of discord and separation. In addition to this general and catch-all ground for divorce, the following grounds are used in extreme situations where there is physical or substance abuse or worse within the marriage.

According to RIGL Chapter 15-5 Divorce and Separation, Section 15-5-2, the Additional Grounds for Divorce are:

Impotency
Adultery
Extreme cruelty
Willful desertion for five years by either party, or for a shorter period of time according to the court's discretion
Continued drunkenness
Habitual, excessive and intemperate use of opium, morphine, or chloral
Neglect and refusal on the part of the husband to provide necessities for the support of his wife assuming he is of sufficient ability and for at least one year prior to filing for divorce
Any other gross misbehavior, repugnant to and in violation of the marriage covenant, by either party

Attorney Rui P. Alves is experienced in all grounds for divorce proceedings and can provide the best possible representation in all matters involving RI Family Court cases. If you are considering a divorce, contact Alves Law for a consultation and discussion regarding whether you have grounds for filing your petition.

Common Law Marriage in RI

2011-08-05T15:06:00.001-07:00

Common law marriage, occasionally referred to as "Sui Juris" marriage; is an informal unions of interpersonal status which is legally recognized in specific jurisdictions as being valid even though no legally recognized marriage ceremony has been performed. This also means that no civil marriage contract has been entered into a civil registry. In Rhode Island, Common-law marriages are legally binding in some jurisdictions, yet have no legal consequence in others. The validity and practice of a common law marriage is based upon which jurisdictions recognize them, which can differ from place to place. Common-law marriages may be recorded in public records, though they are not licensed by government authorities, nor are they solemnized before witnesses in a wedding ceremony.

Cohabitation alone fails to constitute common-law marriage in Rhode Island, because both parties must present themselves to the world as spouses, and that includes mutual consent. When courts review a common law marriage to determine its validity, it considers a totality of circumstances rather than specific factors. Establishing a common law marriage in Rhode island is akin to amassing a variety of factors together in order to achieve recognition, rather than focusing on a specific factor to validate the union.

Is a PreNuptial Agreement Right for You?

2011-07-09T08:24:00.001-07:00

We all love weddings and seeing someone happily married, and always wish for the continuation of their wedded bliss. However, sometimes, situations arise that require us to protect ourselves in the face of unforseeable changes in our circumstances. Having a pre-marital agreement can be a lot like having life insurance, not something you ever want to use, and yet great to have as a safety-net should you ever need it.

If you are entering into a marriage later in life, or are entering into a marriage with a great deal of financial assets, intellectual or real property, a prenuptial agreement might be something you need to seriously consider.

In entering into this kind of agreement, you are not saying that you are planning to get a divorce, or that you have no trust for your spouse-to-be, you are saying that you are both mature individuals, who have worked hard all your life and are reaping the rewards for a life well lived; that you are both smart enough to realize that unexpected things do happen, and you take precautions to take care of yourselves, even while providing for the happiness and security of one another.

Too many people see a prenuptial agreement as a one-sided contact where the person who wants to create the document will be reaping unfair rewards should the marriage come to an end. This is simply not the case. In most prenuptial documents, both parties interests are represented and preserved, so that no one has an unfair advantage. These documents can even be drafted in plain and simple language, between two people who love one another, and plan on spending their lives together, while accepting that the unexpected is also a fact of life.

If you are planning to get married and one or both of you has substantial assets to bring to the union, consider the consultation of a legal representative who can help you find the best way to preserve your interests and provide for the security of your loved one.

If You Are Getting a Divorce, Get Off Your Social Networks

2011-07-01T10:21:00.001-07:00

It has been in the news over and over, people who have had information taken from their conversations on social networks, and used against them in everything from divorce hearings to criminal proceedings. Your social musings on the Internet are public, and are therefore not privileged information. That means that they can be used as evidence against you in a court of law. Something to keep in mind if you are embroiled in any kind of legal dispute or charge.

The simple way to eliminate the possibility of someone using your personal conversations against you, is not to have them online, or through email for that matter. If they are truly personal and private, then they should be had between you and the other person involved only. Otherwise, mum's the word.

Keeping a tight rein on your anger will help. If you are in a place where you can at least realize how damaging a rant on Facebook might be to your divorce or criminal hearing, you'll be much more cautious about what you say about it, and to whom.

And as unfortunate as it is, if you cannot keep yourself from sharing things online, stay off the computer. When you do find yourself ready to re-enter the online world, remember that it is not only okay, but actually a very wise and healthy decision to remove your now ex-spouse or accomplices from your friends. Once the case is settled or decided, keep your conversations about the situation to a minimum, and even then, only in private conversations, never in a public forum.

Our new networking abilities are a great tool, and wonderful addition to the online experience. We simply need to remember to keep them in perspective and use them wisely.

Telling Others How to Care for You If You Become Ill

2011-07-01T10:01:00.001-07:00

There are two documents that are required by statutory law in order to allow your loved ones to institute your preferences in situations where you are seriously ill, or cannot make decisions for your own care. They are a Living Will, and a Durable Power of Attorney for Health Care.

In the creation of a Living Will, you are writing out your instructions to your loved ones for how you would like to be treated in the event you are unable to vocalize your wishes yourself. This document may address things like critical care and illnesses, what to do in the event of serious accident or injury concerning life support and feeding, and in some cases, your burial instructions in the event of your death.

Some people believe that burial instructions are best left in your Last Will and Testament, however, by the time this document is read, the arrangements have typically not only been made, but are completed. Having a complete Living Will gives your family a clear and concise plan for all of your wishes in terms of health care, death and burial.

The second document, a Durable Power of Attorney for Health Care deals strictly with granting the permission necessary to carry out the wishes in your Living Will; though you may also include your specific wishes in this document as well. The main purpose of this document however, is to appoint a specific person, whom you can trust, to the position of your health care trustee, or the person who will make your health care decisions for you when you are not able to do so.

Both of these documents can be drawn up for you at the office of your attorney, and it is generally a very good idea to discuss their creation with your personal attorney prior to activating them. They may of course, be revoked in writing by you at any time.

Remember to Update Your Will with Every Life Changing Event

2011-06-29T18:22:00.000-07:00

Having a baby and getting married are all joyful times in our lives. The one thing that we may forget to do during this happy period is update our Will to reflect our changed marital status or new parenthood status. However, these are some of the most important times to reflect on how we would like to provide for our loved ones or maintain our real or personal property.

Reviewing all of your Estate Planning and Last Will and Testament, along with your Living Will, Power of Attorney, and Durable Power of Attorney for Health Care, will give you and your family the piece of mind necessary to feel secure no matter what may happen. While we don't need to dwell on the idea that our loved ones will die, it is important to have a solid understanding of what will happen to everything from jointly owned properties, to how our surviving family will be provided for, in the event of an unexpected accident or worse.

In particular after the birth of a child, your situation will change dramatically in terms of how you will set up and establish heirs, and your executor, as well as a guardian for your child. You may decide that a Trust situation will serve the best interests of your child better than anything else and simply have a Trustee to oversee the estate.

Seeking the counsel of an experienced Family Law attorney for the information that is specific to your individual situation, and the best course of action for you to follow, is always the wisest choice.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Criminal Trial Juror Faces Contempt Charge

2011-06-17T12:49:00.001-07:00

With the popularity of social media, and the shrinking of our world as a result, it is understandable that many people have connections through online social networks, like Facebook and MySpace.

Unfortunately, the same laws apply to these environments that apply to in person contact between jurors and defendants – and when the courts are faced with the decision of whether someone is in violation of those laws in an online environment, they must use the same guidelines.

This situation is discussed in detail in the article below in which a juror in Britain was held in contempt of court for contacting the defendant through her Facebook profile. And although this situation takes place overseas, the results in the Criminal Courts of the US would be very similar.

Juror in Facebook contempt prosecution after ‘contacting defendant during trial’
By Andrew Hough
13 Jun 2011

A female juror will stand trial this week accused of contempt of court after she allegedly sent messages to a defendant through Facebook, causing a multi-million pound drug trial to collapse.

In a British legal first, Joanne Fraill, 40, will be prosecuted for allegedly exchanging messages on the social networking site with Jamie Sewart, one of the defendants she had been trying.

Prosecutors will claim Mrs Fraill allegedly chatted online to Mrs Sewart, who had been acquitted in the case, while verdicts on other trials were still being discussed.

Mrs Sewart, 34, also faces contempt proceedings because she is alleged to have asked Mrs Fraill, of Blackley, Manchester, for details of the jury's deliberations.

Mrs Frail, who denies the charges, is also accused of using the internet to research the case against the judge’s orders. The pair could face jail if found guilty.

Dominic Grieve, the Attorney-General who will open the case at the High Court on Tuesday, will argue their actions cause a major drugs trial to collapse, leaving taxpayers facing a bill of more than £6million.

The case, to be heard by Lord Judge, the Lord Chief Justice, coincides with an appeal by another defendant in the trial, who is challenging his conviction because of the alleged conversation.

The aborted trial involving Mrs Sewart, of Bolton, occurred in Manchester last year and involved multiple charges and defendants.

It exposed a corrupt police officer’s links with a drugs gang in Bolton. Mrs Sewart also denies the charges.

After the Facebook conversation was discovered, the jury at Minshull Street Crown Court in Manchester had to be discharged from the 2½-month trial.

It was one of a series of four trials that had been sitting, which involved 500 witnesses, 14 barristers, five juries and more than 160 days in court.

One of the defendants, Gary Knox, a convicted drug dealer is appealing against his conviction on the basis of alleged jury misconduct, with the appeal also to be heard by Lord Judge.

Knox, 35, was jailed for six years for conspiracy to commit misconduct in a public office.

The court heard he bought sensitive information on drug dealers from police in return for a £20,000 BMW and Premier League match tickets.

A police officer, Phil Berry, 44, who received the gifts and admitted the same charge, was jailed for four years.

Lord Judge is reportedly expected to issue tough new guidelines on internet use by jurors, which he will argue will lead to contempt of court prosecutions.

New measures will include warnings from judges to jurors at the start of trials, information videos and notices throughout jury rooms.

Christopher Kinch, QC, chairman of the Criminal Bar Association, said comments assuming the guilt of the defendant were possible grounds for appeal.

“The situation is a potential time-bomb for the jury system,” he told The Times.

“Left unchecked, we could move towards trial by X-factor-type online polling; or jurors might find themselves put under pressure by correspondents online.”

Divorce Advice for Now and Later

2011-06-13T10:43:00.000-07:00

In the heat of the moment, tempers flare, emotions run wild, and decisions get made that unfortunately affect everyone in the short and long term. The simple act of taking a breath before saying or doing something you may regret, especially during the divorce process, will help to not only alleviate a great deal of the tension involved, but also protect you and your loved ones in the future by eliminating any repercussions from bad choices made under pressure or stress you may be feeling now.

By following some very simple guidelines however, you can navigate this process calmly and sanely, regardless of your emotionality and stress levels. If you would like to spare yourself and your loved ones from a long, emotionally and financially draining process, practice the following steps whenever and as much as possible:

Compromise with your soon-to-be-ex. Divorce is one of the most important areas of your life for teaching the skills of compromise, cooperation, and understanding. Learning how to let go and flow in a give and take kind of attitude will go a very long way toward soothing nerves and speeding the divorce along to a conclusion.

Discuss all arrangements, changes, visitation, support payments, and anything else that involves your children both with your spouse and your children. Keeping your spouse aware of your intentions and actions, especially with regard to your children, will save you both from unnecessary and destructive behaviors and decisions before they have a chance to happen.

Support your children. They are going through far more than you can imagine or they are showing. Giving them a hard time, or making things more difficult for them by forcing them to choose sides, or make decisions that are beyond them is unfair, unkind, causes them untold amounts of stress and pain, and only alienates them from you later in life.

Disclose all of your information about your assets, liabilities, and property. There is little that can compare to the embarrassment and time that gets wasted by people who lie or try to cheat their soon-to-be-ex out of certain financial support.

Stay local and avoid making any major life changing decisions during this process. This will allow you, and your children if you have any, to adjust to the major changes that are already going to occur through the divorce process. Additionally, moving out of state or even to another county, could hinder and slow down your divorce in the courts, making it take longer to be finalized.

Avoid giving away your assets to friends or family with the intent of getting it back later on. Your spouse will always have the option of modifying the financial arrangements anyway, and may elect to take you to court again if assets disappear then reappear in your name.

Honor any temporary restraining or no-contact orders as the legally binding, criminally enforceable documents that they are. Even if you are being kept away from your children during this time, the worst decision you can make is to violate a court order. This kind of action will put you in danger of being found in contempt, placed in jail, and/or will seriously mar your divorce case; perhaps to the point of causing you to have to pay additional fees or costs, requiring supervised visitation with your children, or otherwise altering the visitation that you would prefer with your child.

Ask your attorney for more information, better clarification, or to help you make sense of anything and everything you don't understand. There are no silly questions, and you've retained him for this very reason - to help you through your divorce every step of the way.

Money Saving Tips for Divorce Clients

2011-05-26T10:00:00.001-07:00

No matter what kind of divorce situation you are in, one thing is certain, it will have significant costs associated with its resolution. That is true whether you hire an attorney or not.

The areas where attorneys help divorce clients the most are gathering documents, answering and filing court documents, and of course, appearing in court at hearings and trials. In the last instance, there is little you can do on your own, as you most definitely will want to have an attorney to at least go into the hearing with you. That being said, having your attorney appear in court with you will be your largest expense in the divorce proceedings.

In the second area, answering and filing court documents, you will again need some legal guidance. Fortunately, there is still a lot you can do on your own that will alleviate the burden on your attorney and possibly reduce some of the cost as well.

In some cases if your divorce is uncontested, involves no property or children, and you and your spouse can come to agreements on your major issues, you will be able to find an attorney who can offer you assistance at a rate based upon the difficulty of your case.

In fact, if you and your spouse are willing to come to complete agreements about every aspect of your divorce before even visiting an attorney, you may be eligible for mediation; which is an extremely affordable solution to divorce for everyone, and is far less stressful and time consuming than a divorce proceeding in the Family Court system.

The current financial climate determines that both attorneys and clients be willing to work together to come to agreements that suit the financial needs of everyone involved. Family law attorneys know and understand the expenses that are faced by couples when they divorce and in almost every instance are willing to tailor their fees and work with their clients to achieve the best possible results for as little expense as possible.

Do you have a Will ? Read about its importance.

2011-05-25T18:12:00.000-07:00

The Importance of a Will

By: Karen A. Graham, Vice President

Virtually everyone postpones writing a Will. Maybe it's because we don't want such a tangible reminder of our mortality. Or perhaps we view the process as relinquishing the ownership of our property. Whatever the excuse may be for putting off the drafting of a Will, many people do not realize that writing one actually prevents what is feared. In fact, a Will may be the most important document that you ever write, because it allows you to select the persons who will receive what you own when you die. If you don't have one in place, you cannot select the recipients of your property and the state you reside in will determine how your property is divided.

What is a Will?

In simple terms, a Will is a legal document that dictates how you want your assets to be distributed after you die. It's a fluid document because it has no effect until you die - you can change it whenever you want. To be valid, however, the document must comply with several requirements under state law - the number of witnesses, whether it must be typed or handwritten, and others - all of which are fairly standard state to state and very easy to satisfy.

A Will includes specific directions on how you wish your estate to be distributed after your death, including provisions for any tangible personal property that you may own - jewelry, furniture, and the like, as well as naming guardians for any minor children. It also indicates what sources will be used to pay any estate taxes and debts that are due, and it names an Executor who will be responsible for the settlement of your estate. It ends with your signature, the signatures of required number of witnesses, and typically a notary public's oath about the validity of the various signatures.

Why Do I Need One?

Virtually every person - married, divorced, single, childless, parent, in good health, in bad health - should have a Will for the simple reason that without one, you cannot determine who should receive your property. Each state has a default plan for how property must be distributed if you die without a Will, with the default (and mandatory) scheme depending on your marital status, whether you have children, if you have any living parents or siblings, and other criteria. Furthermore, even if you die with no living relatives, the state will not permit distributions to a friend, a favorite charity, or any non-related person. Instead, the property will most likely end up going to the state.

What is Probate?

If you die with a Will in place, the Executor named in the Will typically presents the will to the local clerk of court and asks the court to authorize the Executor's administration of the estate. This process of presenting the Will and administering the estate is called the "probate" process. The probate process generally is fairly informal - the Executor presents the Will, is authorized to administer the estate, determines the beneficiaries and creditors entitled to the money or other property, makes the distributions, files any tax or probate documents with the various government entities, and closes the estate, all within the proscribed and monitored timeframe. If the Executor sees potential problems with the Will or foresees a will contest, he or she may request a more formal process, but this rarely is needed.

If you die without a Will - known as intestate - the local court must monitor the estate's administration even more closely. This is because the court - not a Will - provides all of the authority to act. The administration and closing of the estate generally requires more court involvement, often more publicity, and definitely more red tape.

Individual or Corporate Executor?

Choosing an Executor is an important decision, particularly if you have significant property or investments. Depending on the amount of property and the types of property owned, administering the estate can require considerable time and expertise. A relative or friend may not be "honored" to be named Executor if it causes loss of sleep from worry or he or she is incapable of conducting the job effectively. Although many individual Executors waive receiving any Executor's fees, they often use the funds otherwise paid to a corporate Executor to hire advisors to assist in administering all but a very simple estate.

If your Will provides for distributions to a trust held by a bank or other corporate trustee, that institution often is the best equipped to administer the estate in the most efficient manner. Similarly, corporate trustees may be useful even absent a trust, since they have significant experience in estate administration and have the ongoing technical knowledge and legal expertise to handle virtually every situation.

A Will's importance is clear regardless of your personal situation. Without a Will, you have no input about the distribution of your property after your death or the persons involved in administering the estate. A local court makes those decisions, and it has no authority to deviate from the state law. In essence, the state steps into your shoes and makes all of the decisions for you.

This can be easily avoided with proper planning. By creating your Will now, you can always add to the provisions or alter the document as your life evolves. It's important to review your current Will every five years to ensure that it's up to date and still reflective of your future wishes.

The information in this article is for informational purposes only not state specific but intended as a general reference for the process as a whole.

© Wilmington Trust Corporation.----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.