reglab/housing_qa huggingface dataset:
RI Gen L § 33-19-27 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19 - Real Property of Decedents and Incompetents|Section 33-19-27 - Sale, lease, or mortgage by foreign guardian of nonresident ward.

§ 33-19-27. Sale, lease, or mortgage by foreign guardian of nonresident ward.If any person who resides out of the state, but within the United States, is under guardianship in the state, territory, or district where he or she resides, and has no guardian appointed in this state, the foreign guardian may file a copy of his or her appointment, duly authenticated according to an act of congress in those cases, in the probate court of any town or city in this state in which there is real estate of the ward. After filing and upon petition to the probate court, he or she may be authorized to sell, mortgage, or lease the real estate of the ward in any town or city, for the purposes, in the manner, after like notice, and upon the terms provided in this chapter in case of sale, mortgage, or lease, by a guardian appointed in this state.History of Section.C.P.A. 1905, § 763; G.L. 1909, ch. 308, § 30; G.L. 1923, ch. 359, § 30; G.L. 1938, ch. 570, § 30; G.L. 1956, § 33-19-27.
RI Gen L § 33-19-28 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19 - Real Property of Decedents and Incompetents|Section 33-19-28 - Definitions of terms in § 33-19-27.

§ 33-19-28. Definitions of terms in § 33-19-27.(a) "Guardian" as used in § 33-19-27 shall be deemed to include a guardian, conservator, curator, committee, or trustee, and any other fiduciary having substantially the same powers and duties as a guardian, conservator, curator, committee, or trustee, with reference to the estate or property of a minor or person non sui juris, or otherwise incapacitated; and a person shall be deemed "under guardianship" within the meaning of § 33-19-27 if a guardian, conservator, curator, committee, or trustee, or other fiduciary having substantially the duties of a guardian, conservator, curator, committee, or trustee has been appointed with reference to his or her estate or property.(b) This section shall be deemed to be declaratory of the purposes of § 33-19-27 as originally enacted, and shall not be construed so as to invalidate any action taken by any fiduciary heretofore under § 33-19-27.History of Section.G.L., ch. 570, § 30, as enacted by P.L. 1947, ch. 1955, § 1; P.L. 1947, ch. 1955, § 2; G.L. 1956, § 33-19-28.
RI Gen L § 33-19.1-1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act|Section 33-19.1-1 - Short title.

§ 33-19.1-1. Short title.This chapter shall be known and may be cited as the "Financial Exploitation of Elders and Dependent Persons Act."History of Section.P.L. 2014, ch. 491, § 1.
RI Gen L § 33-19.1-3 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act|Section 33-19.1-3 - Prohibited transaction.

§ 33-19.1-3. Prohibited transaction.(a) A provision of any document or instrument, including commercial instruments as defined in title 6A, making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence:(1) The person who drafted the instrument;(2) A person in a fiduciary relationship with the transferor who transcribed the instrument or caused it to be transcribed;(3) A care custodian of a transferor who is a dependent adult, but only if the instrument was executed during the period in which the care custodian provided services to the transferor, or within ninety (90) days before or after that period;(4) A person who is related by blood or affinity, within the third degree, to any person described in subsections (a)(1) — (a)(3).(5) A cohabitant or employee of any person described in subsections (a)(1) — (a)(3); or(6) A partner, shareholder, or employee of a law firm in which a person described in subsections (a)(1) — (a)(2) has an ownership interest.(b) The presumption created by this section is a presumption affecting the burden of proof. The presumption may be rebutted by proving, by clear and convincing evidence, that the donative transfer was not the product of fraud or undue influence.(c) Notwithstanding the provisions of subsections (a)(1) — (a)(2), and with respect to a donative transfer to the person who drafted the donative instrument, or to a person who is related to, or associated with, the drafter as described in subsections (a)(4) — (a)(6), the presumption created by this section is conclusive.(d) If a beneficiary is unsuccessful in rebutting the presumption, the beneficiary shall bear all costs of the proceeding, including reasonable attorney's fees.History of Section.P.L. 2014, ch. 491, § 1.
RI Gen L § 33-19.1-4 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act|Section 33-19.1-4 - Exceptions.

§ 33-19.1-4. Exceptions.Section 33-19.1-3 does not apply to any of the following instruments or transfers:(1) A donative transfer to a person who is related by blood or affinity, within the fourth (4th) degree, to the transferor or is the cohabitant of the transferor.(2) An instrument that is drafted or transcribed by a person who is related by blood or affinity, within the fourth (4th) degree, to the transferor or is the cohabitant of the transferor.(3) An instrument that is approved pursuant to an order of the superior, family, district or any probate court, after full disclosure of the relationships of the persons involved.(4) A donative transfer to a federal, state, or local public entity; an entity that qualifies for an exemption from taxation under section 501(c)(3) or 501(c)(19) of the Internal Revenue Code; or a trust holding the transferred property for the entity.(5) A donative transfer of property valued at five thousand dollars ($5,000) or less, if the total value of the transferor's estate equals or exceeds the amount of fifty thousand dollars ($50,000).(6) An instrument executed outside of Rhode Island by a transferor who was not a resident of Rhode Island when the instrument was executed.History of Section.P.L. 2014, ch. 491, § 1.
RI Gen L § 33-19.1-5 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act|Section 33-19.1-5 - Review by independent attorney - Certificate of review.

§ 33-19.1-5. Review by independent attorney — Certificate of review.(a) A gift is not subject to § 33-19.1-3 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, about the nature and consequences of the intended transfer, including the effect of the intended transfer on the transferor's heirs and on any beneficiary of a prior donative instrument; attempts to determine if the intended transfer is the result of fraud or undue influence; and signs and delivers to the transferor an original certificate in substantially the following form:"CERTIFICATE OF INDEPENDENT REVIEWI, _________ , have reviewed   (attorney's name) _________ and have counseled the transferor,(name of instrument) _________ , on the nature and consequences of any(name of transferor)transfers of property to _________ (name of person described in § 33-19.1-3) that would be made by the instrument.I am an "independent attorney" as defined in § 33-19.1-2 and I am in a position to advise the transferor independently, impartially, and confidentially as to the consequences of the transfer. On the basis of this counsel, I conclude that the transfers to __________ that would (name of person described in § 33-19.1-3) be made by the instrument are not the product of fraud or undue influence. _________________________" (Name of Attorney) (Bar#) (Date)(b) An attorney whose written engagement, signed by the transferor, is expressly limited solely to compliance with the requirements of this section, shall not be considered to otherwise represent the transferor as a client.(c) Under no circumstances shall an attorney who drafts an instrument review and certify the instrument.(d) The attorney who conducts the independent review shall provide a copy of the signed certification to the drafting attorney.History of Section.P.L. 2014, ch. 491, § 1.
RI Gen L § 33-19.1-6 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act|Section 33-19.1-6 - Failure of gift.

§ 33-19.1-6. Failure of gift.If a gift fails under this chapter, the instrument making the gift shall operate as if the beneficiary had predeceased the transferor without spouse, domestic partner, or issue.History of Section.P.L. 2014, ch. 491, § 1.
RI Gen L § 33-19.1-7 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act|Section 33-19.1-7 - Liability.

§ 33-19.1-7. Liability.(a) A person is not liable for transferring property pursuant to an instrument that is subject to the presumption created under § 33-19.1-3, unless the person is served with notice, prior to transferring the property, that the instrument has been contested under this section.(b) A person who is served with notice that an instrument has been contested under this section is not liable for failing to transfer property pursuant to the instrument, unless the person is served with notice that the validity of the transfer has been conclusively determined by a court.History of Section.P.L. 2014, ch. 491, § 1.
RI Gen L § 33-19.1-8 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act|Section 33-19.1-8 - Non-Waiveability.

§ 33-19.1-8. Non-Waiveability.This chapter applies notwithstanding a contrary provision in an instrument.History of Section.P.L. 2014, ch. 491, § 1.
RI Gen L § 33-19.1-9 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act|Section 33-19.1-9 - Applicability to present documents.

§ 33-19.1-9. Applicability to present documents.(a) This section shall apply to instruments that become irrevocable on or after January 1, 2015. For the purposes of this section, an instrument that is otherwise revocable or amendable shall be deemed to be irrevocable if, on or after January 1, 2015, the transferor by reason of incapacity was unable to change the disposition of the transferor's property and did not regain capacity before the date of the transferor's death.(b) It is the intent of the general assembly that this chapter supplements the common law on undue influence, without superseding or interfering in the operation of that law. Nothing in this chapter precludes an action to contest a donative transfer under the common law or under any other applicable law. This chapter is declarative of existing law.History of Section.P.L. 2014, ch. 491, § 1.
RI Gen L § 33-20-1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-1 - Grounds for appointment of receiver.

§ 33-20-1. Grounds for appointment of receiver.(a) If a resident of this state, having property in this state, has disappeared, has been absent from his or her usual place of residence, his or her whereabouts have been unknown for more than one year, and he or she has left no agent in charge of his or her property, the court of probate of the town in which he or she was last known to reside shall have power upon the petition of the spouse, next of kin, or of one or more of his or her creditors, setting forth the above facts, to appoint a receiver to collect and take charge of the property until the fact of the death or survival of the absentee is established, and in case of his or her death, until an executor or administrator shall be appointed and qualified.(b) If there shall be no petition by the spouse, next of kin, or creditors filed within five (5) years after the resident's whereabouts have been unknown, all of the personalty of the resident who has disappeared or whose whereabouts are unknown shall be subject to the provisions of chapters 21 and 21.1 of this title.History of Section.C.P.A. 1905, § 927; G.L. 1909, ch. 315, § 1; G.L. 1923, ch. 366, § 1; G.L. 1938, ch. 581, § 1; G.L. 1956, § 33-20-1; P.L. 1961, ch. 195, § 3; P.L. 1971, ch. 187, § 1.
RI Gen L § 33-20-2 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-2 - Notice as to appointment of receiver.

§ 33-20-2. Notice as to appointment of receiver.The court before appointing a receiver shall give at least thirty (30) days' notice by publication in one or more newspaper published in the state, in the manner provided for petitions for appointment of administrators, and by mailing a copy of the notice to the last known address of the absentee. This notice shall be addressed to the absentee and to all persons who claim an interest in the property, and to all whom it may concern, citing them to appear at a time and place named and show cause why a receiver of the property of the absentee should not be appointed. The court may order other and further notice to be given within or outside the state.History of Section.C.P.A. 1905, § 928; G.L. 1909, ch. 315, § 2; G.L. 1923, ch. 366, § 2; G.L. 1938, ch. 581, § 2; G.L. 1956, § 33-20-2.
RI Gen L § 33-20-3 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-3 - Wartime meaning of last known address.

§ 33-20-3. Wartime meaning of last known address.During such time as the United States shall be engaged in any war, the term "last known address", as used in § 33-20-2, shall be construed to mean the last known address within the confines of the United States.History of Section.G.L., ch. 581, § 9, as enacted by P.L. 1944, ch. 1485, § 1; G.L. 1956, § 33-20-3.
RI Gen L § 33-20-4 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-4 - Show of cause against appointment of receiver - Receiver's bond.

§ 33-20-4. Show of cause against appointment of receiver — Receiver's bond.Any person may appear and show cause why the prayer of the petitioner should not be granted. If a receiver is appointed, he or she shall give bond to the probate court in such sum and with such conditions as the court orders, with surety satisfactory to the court.History of Section.C.P.A. 1905, § 929; G.L. 1909, ch. 315, § 3; G.L. 1923, ch. 366, § 3; G.L. 1938, ch. 581, § 3; G.L. 1956, § 33-20-4.
RI Gen L § 33-20-5 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-5 - Orders for management or sale of property.

§ 33-20-5. Orders for management or sale of property.The court may make orders for the care, custody, leasing, and investing of the property and its proceeds. The court may order livestock or perishable property, or any property, which cannot be kept without great and disproportionate expense, to be sold at public or private sale. The court may, upon petition of the receiver, and after the notice as is required in case of sale of real estate by executors and administrators, order all or any part of the real and personal estate of the absentee to be sold at public or private sale to supply money for the payments authorized by §§ 33-20-1 — 33-20-7 or for reinvestment approved by the court. The court, on petition with notice, if satisfied that the action will not be prejudicial to the interests of the estate, may authorize the petitioner to become the purchaser of the real estate, at public or private sale; provided, however, that, in any instance, if the sale is made by private contract, the sale shall be made for not less than the sum fixed by the court in its decree authorizing the sale.History of Section.C.P.A. 1905, § 930; G.L. 1909, ch. 315, § 4; G.L. 1923, ch. 366, § 4; G.L. 1938, ch. 581, § 4; G.L. 1956, § 33-20-5; P.L. 1968, ch. 94, § 1.
RI Gen L § 33-20-6 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-6 - Maintenance of wife and children - Payment of debts.

§ 33-20-6. Maintenance of wife and children — Payment of debts.The probate court may authorize the receiver to apply the income of the property, and if the income is insufficient, then the property or the proceeds of any sale thereof, in payment of charges incurred, or that may be incurred, in the support and maintenance of the absentee's wife and minor children and to the payment of such debts as may be proved against the absentee before the probate court.History of Section.C.P.A. 1905, § 931; G.L. 1909, ch. 315, § 5; G.L. 1923, ch. 366, § 5; G.L. 1938, ch. 581, § 5; G.L. 1956, § 33-20-6.
RI Gen L § 33-20-7 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-7 - Compensation of and disbursements by receiver.

§ 33-20-7. Compensation of and disbursements by receiver.The receiver shall be allowed such compensation and such disbursements, to be paid out of the income, property, or proceeds, as the probate court may approve.History of Section.C.P.A. 1905, § 932; G.L. 1909, ch. 315, § 6; G.L. 1923, ch. 366, § 6; G.L. 1938, ch. 581, § 6; G.L. 1956, § 33-20-7.
RI Gen L § 33-20-8 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-8 - Conservatorship for military absentee.

§ 33-20-8. Conservatorship for military absentee.Whenever a person, hereinafter referred to as an absentee, who while serving in or with the armed forces of the United States, or while serving as a merchant seaman, has been reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, besieged, or captured by an enemy, has an interest in any form of property in this state or is a legal resident of this state and has not provided an adequate power of attorney authorizing another to act in his or her behalf in regard to his or her property or interest, then, the probate court of the city or town of the absentee's legal domicile or of the city or town where the property is situated, upon petition alleging the foregoing facts and showing the necessity for providing care of the property of the absentee made by any person who would have an interest in the property of the absentee were the absentee deceased, or on the court's own motion, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, and upon good cause being shown, may, after finding the facts to be as provided in this section, appoint a conservator to take charge of the absentee's estate, under the supervision and subject to the further orders of the court.History of Section.P.L. 1946, ch. 1710, § 1; G.L. 1956, § 33-20-8.
RI Gen L § 33-20-9 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-9 - Person appointed as conservator - Bond - Powers.

§ 33-20-9. Person appointed as conservator — Bond — Powers.The court shall have full discretionary authority to appoint any suitable person as conservator and may require the conservator to post an adequate surety bond and to make such reports as the court may deem necessary. The conservator shall have the same powers and authority as the guardian of the property of an infant or incompetent and shall be considered as an officer or arm of the court.History of Section.P.L. 1946, ch. 1710, § 2; G.L. 1956, § 33-20-9.
RI Gen L § 33-20-10 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-10 - Termination of conservatorship.

§ 33-20-10. Termination of conservatorship.At any time upon petition signed by the absentee, or on petition of any attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney in fact. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for his or her estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held under the conservatorship to the executor or administrator.History of Section.P.L. 1946, ch. 1710, § 3; G.L. 1956, § 33-20-10.
RI Gen L § 33-20-11 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-20 - Absentees' Estates|Section 33-20-11 - Escheat of excess funds.

§ 33-20-11. Escheat of excess funds.Any personalty remaining in the hands of the probate court under the provisions of this chapter after payment of all claims on the absentees' estate, if there are no heirs or next of kin known to be surviving, shall be subject to the provisions of chapters 21 and 21.1 of this title.History of Section.G.L., § 33-20-11, as enacted by P.L. 1961, ch. 195, § 4.
RI Gen L § 33-21-1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-21 - Unclaimed Property|Section 33-21-1 - Town taking possession of property.

§ 33-21-1. Town taking possession of property.Whenever any person shall die leaving any real estate within this state, and shall leave no heir or legal representative to claim the real estate, the town council of the town in which the real estate is located may direct the town treasurer of the town to take the property into his or her possession for the use of the town until the heir or other legal representative of the deceased shall call for the real estate, to whom the real estate shall be delivered on being claimed and evidence of the right or title of the claimant shown; and the town shall in that case account with the claimant for the real estate, but not including any income or interest received from the real estate.History of Section.C.P.A. 1905, § 956; G.L. 1909, ch. 317, § 1; G.L. 1923, ch. 368, § 1; G.L. 1938, ch. 582, § 1; G.L. 1956, § 33-21-1; P.L. 1961, ch. 195, § 1.
RI Gen L § 33-21-2 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-21 - Unclaimed Property|Section 33-21-2 - Repealed.

§ 33-21-2. Repealed.History of Section.Former § 33-21-2 (C.P.A. 1905, § 958; G.L. 1909, ch. 317, § 3; G.L. 1923, ch. 368, § 3; G.L. 1938, ch. 582, § 3; G.L. 1956, § 33-21-2) was repealed by P.L. 1961, ch. 195, § 2.