DIVORCE ADVICE – WHO GETS THE HOUSE?

If parties cannot agree on how the house will be divided, either by sale or having one party buy out the other, the Court will award each party an interest in the house based on many factors. That may depend on how they contributed to the value or purchase of the home. It may also consider their ability to afford the home or their ability to refinance the property and buy out the interest of their spouse. The Court can order the sale of the home, however in some cases can postpone the sale when children are involved.  A party may also
Read More

Categories: Uncategorized.

SETTLING A WILL. DON’T GO IT ALONE.

When a person dies their will if executed properly will pass assets in their name only to those in their will. If a person dies without a will then their estate will pass to their heirs under the law. This may not always be the desire of a person. A will allows someone to choose to whom and in what amount people will share in their estate. The will also allows someone to nominate their executor and a guardian and trustee if minor children are involved. Without a will the probate court will decide the executor guardian and trustee. Again
Read More

Categories: Uncategorized.

TOP 3 CAUSES OF BUSINESS INTERRUPTION

Businesses can take many forms, such as corporations, partnerships, and limited liability corporations. Businesses may suffer an interruption in many ways but three common reasons include disputes among the owners, cash flow and disputes with other parties such as customers and vendors. Disputes Among Owners Properly drafted agreements among the owners will not prevent all disputes but is a way to lay out the rights and responsibilities of the owners. It can also include procedures when one or more of the owners no longer wishes to remain as an owner. Controlling Cash Flow Cash flow can have a significant impact
Read More

Categories: Uncategorized.

Divorce and Custody Issues

Divorce Divorce is a stressful and unique experience for most individuals. Whether there are children involved or not, an experienced attorney can help guide you through that process. The Law Office of Edward R. McCormick III has over 25 years of experience in all aspects of Family Law. Divorce Law provides for the distribution of assets  and debts of the marriage. If children are involved, child support, custody and visitation are provided for. Child support is somewhat inflexible; but, visitation and custody  are not bound by hard and fast rules. This allows for an experienced attorney to devise a schedule and
Read More

Categories: child custody and Family Law.

Premises Liability and Rhode Island Law

In essence, Premises Liability deals with the proper maintenance of public and private property. Examples of those affected by premises liability can include but are not limited to landlords, restaurant owners, and store owners. Under Rhode Island law, owners and managers are required to maintain and secure their property to avoid unsafe or hazardous conditions that could cause residents or guests harm. During the winter months, premises accidents increase due to inadequate maintenance and removal of snow and ice. Slip and fall accidents are the most common and can result in serious physical injury such as fractures, broken bones, sprains,
Read More

Categories: Personal Injury and premises liability.

Personal Injury Caused By A Dog Attack

Rhode Island animal attack laws, including dogs, state that if an animal causes bodily injury or injury to property, the owner or guardian of the owner, should they be a minor, is deemed responsible. The exception to the rule states that if the attacked occurred in response to the victim taunting, teasing, or abusing the animal, or while the victim was unlawfully trying to enter the animal owner’s property, than the owner may not be held accountable for the animal’s actions. Building Your Case Seek medical attention. This is done for two reasons; one is that animal bites are prone
Read More

Categories: Personal Injury.

Auto Accidents Insurance Claim Process

The auto accidents insurance claim process in Rhode Island has some state laws that can add certain protections to accident claims with injuries. Nevertheless, standard procedures are still there in how an insurance company generally deals with your accident, including during the investigation phase. Investigation After Filing Once you’ve filed an injury claim (which can be done online), your insurance company will first look to see if your accident is coverable based on your policy. They’ll also ask you for a copy of the police report so an investigation can start on who was to blame and who wasn’t. That
Read More

Categories: auto accidents and Personal Injury.

Slip, Trips, Falls: What is Premises liability?

If you’ve slipped, tripped, fallen or been injured in any way while on someone else’s property, you should know about your legal rights. You may be able to pursue a premises liability case against the owner or other parties.What is premises liability? Rhode Island statutes require property owners to use a “…a reasonable standard of care..” when it comes to protecting lawful visitors from injury on their premises. Failure to do so may render the owner legally liable for any resultant injuries on their premises. A “lawful visitor”If you were on someone’s premises as an invited guest; or you were
Read More

Categories: Personal Injury and premises liability.