reglab/housing_qa huggingface dataset:
RI Gen L § 33-27.1-19 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act|Section 33-27.1-19 - Severability.

§ 33-27.1-19. Severability.If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.History of Section.P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
RI Gen L § 33-28-1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-28 - Elective Share|Section 33-28-1 - Elective share.

§ 33-28-1. Elective share.(a) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this chapter, to take an elective share equal to:(1) The life estate and allowance in an intestate's real estate titled in the name of the decedent individually at the time of the decedent's death pursuant to §§ 33-1-5 and 33-1-6; and(2) The share of the decedent's personal estate subject to probate pursuant to § 33-1-10.The elective share may be taken in kind or the value thereof.(b) If the right of election is exercised by, or on behalf of, the surviving spouse, the surviving spouse's allowances pursuant to chapter 10 of this title, if any, are not charged against, but are in addition to, the elective share.(c) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.History of Section.P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4; P.L. 2018, ch. 149, § 1; P.L. 2018, ch. 235, § 1.
RI Gen L § 33-28-2 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-28 - Elective Share|Section 33-28-2 - Right of election personal to surviving spouse - Incapacitated surviving spouse.

§ 33-28-2. Right of election personal to surviving spouse — Incapacitated surviving spouse.(a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the probate court pursuant to § 33-28-4(a). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse's behalf by the surviving spouse's conservator, guardian, or agent under the authority of a power of attorney.(b) If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the probate court may authorize transfer of property in kind, or payment of the value thereof, to the spouse's personal representative upon such terms and conditions as the court determines to be in the spouse's best interest.History of Section.P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4.
RI Gen L § 33-28-3 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-28 - Elective Share|Section 33-28-3 - Waiver of right to elect and of other rights.

§ 33-28-3. Waiver of right to elect and of other rights.(a) The right of election of a surviving spouse and the rights of the surviving spouse to allowances pursuant to chapter 10 of this title may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse. The written contract, agreement, or waiver is enforceable without consideration.(b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that: (1) The surviving spouse did not execute the waiver voluntarily; or (2) The waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse: (i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent; (ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and (iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.(c) An issue of unconscionability of a waiver is for decision by the probate court or other court of competent jurisdiction as a matter of law.(d) Unless it provides to the contrary, a waiver of "all rights" or equivalent language in the property or estate of a present or prospective spouse or a complete property settlement entered into after, or in anticipation of, separation or divorce is a waiver of all rights to elective share and allowances pursuant to chapter 10 of this title by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to that spouse from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.History of Section.P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4.
RI Gen L § 33-28-4 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-28 - Elective Share|Section 33-28-4 - Proceeding for elective share - Time limit.

§ 33-28-4. Proceeding for elective share — Time limit.(a) If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the elective share unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, file in the probate court a written statement waiving and renouncing the devise and bequest and petitioning for the elective share. If any of the deceased spouse's real estate is located in any city or town other than that in which the will of the decedent is probated, the waiver and petition shall also be filed in the records of deeds in each city and town where the real estate is located. The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate and to those whose interests will be adversely affected by the taking of the elective share.(b) Within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, the surviving spouse may petition the probate court for an extension of time for making an election not to exceed nine (9) months after the decedent's death, upon notice of the time and place set for hearing, to persons interested in the estate and to those whose interests will be adversely affected by the taking of the elective share.(c) The surviving spouse may withdraw a waiver and petition for an elective share at any time before entry of a final determination by the probate court.(d) The order or judgment of the probate court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.History of Section.P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4.
RI Gen L § 34-1-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-1 - Confirmation of Legislative Grants|Section 34-1-1 - Perpetuation of colonial acts quieting title.

§ 34-1-1. Perpetuation of colonial acts quieting title.The act entitled "An Act Confirming the Grants Heretofore Made by the Inhabitants of the Towns of Newport, Providence, Portsmouth, Warwick and Westerly", passed in May, 1682, and the act entitled "An Act Quieting Possessions and Establishing Title of Land Within the Towns of Bristol, Tiverton, Little Compton, Warren and Cumberland", passed in January, 1746, are hereby continued in force as perpetual statutes.History of Section.G.L. 1896, ch. 204, § 1; G.L. 1909, ch. 255, § 1; G.L. 1923, ch. 299, § 1; G.L. 1938, ch. 441, § 1; G.L. 1956, § 34-1-1.
RI Gen L § 34-1-2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-1 - Confirmation of Legislative Grants|Section 34-1-2 - Confirmation of legislative conveyances generally.

§ 34-1-2. Confirmation of legislative conveyances generally.Whereas, at the first settling of this state, and for sundry years afterwards, lands were of little or no value, and skillful men in the law were much wanted, whereby many deeds, grants, and conveyances were weakly made, which may occasion great contests in law if not timely prevented; therefore, all grants, charters and conveyances previously made by the general assembly unto any town, corporation, community or propriety, or to any other person or persons whomsoever, shall be and hereby are ratified and confirmed as good and effectual, to all intents and purposes in law, for conveying all such lands, tenements, hereditaments, rights, privileges and profits as are therein mentioned, to the towns, corporations, communities, proprieties, person, or persons, and to their respective successors, heirs, and assigns forever.History of Section.G.L. 1896, ch. 205, § 1; G.L. 1909, ch. 256, § 1; G.L. 1923, ch. 300, § 1; G.L. 1938, ch. 438, § 1; G.L. 1956, § 34-1-2.
RI Gen L § 34-2-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-2 - Capacity to Hold Real Estate|Section 34-2-1 - Powers of aliens.

§ 34-2-1. Powers of aliens.Aliens may take, hold, transmit, and convey real estate, and may sue for and recover possession of real estate in the same way and with the same effect as if they were citizens of the United States, and no title to real estate shall be invalid on account of the alienage of a former owner; but nothing contained in this section shall defeat the title to any real estate previously released or conveyed by the state or by authority thereof.History of Section.G.L. 1896, ch. 201, § 4; G.L. 1909, ch. 252, § 4; G.L. 1923, ch. 296, § 4; G.L. 1938, ch. 432, § 1; G.L. 1956, § 34-2-1.
RI Gen L § 34-3-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-3 - Tenancy in Common|Section 34-3-1 - Tenancy in common presumed in conveyances.

§ 34-3-1. Tenancy in common presumed in conveyances.All gifts, feoffments, grants, conveyances, devises or legacies, of real or personal estate, which shall be made to two (2) or more persons, whether they be husband and wife or otherwise, shall be deemed to create a tenancy in common and not a joint tenancy, unless it be declared that the tenancy is to be joint, or that the conveyance is to those persons and the survivors or survivor of them, or to them as trustees or executors, or unless the intention manifestly appears that the persons shall take as joint tenants and not as tenants in common.History of Section.G.L. 1896, ch. 201, § 1; G.L. 1909, ch. 252, § 1; G.L. 1923, ch. 296, § 1; G.L. 1938, ch. 431, § 1; G.L. 1956, § 34-3-1.
RI Gen L § 34-3-2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-3 - Tenancy in Common|Section 34-3-2 - Joint heirs.

§ 34-3-2. Joint heirs.Joint heirs shall be deemed tenants in common.History of Section.G.L. 1896, ch. 201, § 2; G.L. 1909, ch. 252, § 2; G.L. 1923, ch. 296, § 2; G.L. 1938, ch. 431, § 2; G.L. 1956, § 34-3-2.
RI Gen L § 34-3-3 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-3 - Tenancy in Common|Section 34-3-3 - Proprietors of common and undivided lands.

§ 34-3-3. Proprietors of common and undivided lands.Whereas, there is still remaining within several of the towns of this state, lands belonging to the original proprietors of the land, lying common or undivided, for the better government of the proprietors, the management of their prudential affairs, the more just and equal division of the lands and the allotments and preservation of the boundaries of the lands; it shall be lawful for the proprietors of the several towns within this state, being convened by warrant specifying the occasion for convening, under the hand and seal of a justice of the peace of the town, to choose a clerk, a surveyor or surveyors, and such other officers as they shall judge necessary for the orderly carrying on and management of their affairs, and in like manner to proceed from time to time as shall be necessary.History of Section.G.L. 1896, ch. 190, § 1; G.L. 1909, ch. 55, § 1; G.L. 1923, ch. 56, § 1; G.L. 1938, ch. 341, § 1; G.L. 1956, § 34-3-3.
RI Gen L § 34-4-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-1 - Presumed death from absence of life tenant.

§ 34-4-1. Presumed death from absence of life tenant.If any person shall be absent from this state for the term of seven (7) years without due proof of his or her being alive, for whose life any estate shall be holden by himself or herself or any other person, the person claiming the remainder or reversion of the estate expectant upon the death of the person so absent, may enter upon the estate and hold the estate according to his or her title, or until the absent person shall return to this state, or due proof shall be made of his or her being alive.History of Section.G.L. 1896, ch. 201, § 3; G.L. 1909, ch. 252, § 3; G.L. 1923, ch. 296, § 3; G.L. 1938, ch. 433, § 1; G.L. 1956, § 34-4-1.
RI Gen L § 34-4-2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-2 - Grant for life with remainder to heirs in fee.

§ 34-4-2. Grant for life with remainder to heirs in fee.When lands are conveyed by deed or devised by will hereafter executed, to a person for his or her life, and after his or her death to his or her heirs in fee, or by words to that legal effect, the conveyance or devise shall be construed to vest an estate for life only in the first taker and a remainder in fee simple in his or her heirs.History of Section.G.L. 1896, ch. 201, § 6; G.L. 1909, ch. 252, § 6; G.L. 1923, ch. 296, § 6; G.L. 1938, ch. 433, § 2; G.L. 1956, § 34-4-2.
RI Gen L § 34-4-2.1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-2.1 - Reservation of life estate with enhanced powers.

§ 34-4-2.1. Reservation of life estate with enhanced powers.A grantor may convey title to real estate and reserve a life estate therein, coupled with the reserved power and authority, during his or her lifetime, to sell, convey, mortgage, or otherwise dispose of the real property without the consent or joinder by the holder(s) of the remainder interest. A duly-executed conveyance by the life tenant exercising such reserved powers shall, upon recording, vest good title to the interest conveyed in the grantee thereof, free and clear of any right, title and interest of the holder(s) of the remainder interest without the necessity of any additional conveyance by any such holder(s) of the remainder interest.History of Section.P.L. 2014, ch. 145, art. 19, § 1.
RI Gen L § 34-4-3 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-3 - Purported grant of estate greater than owned by grantor.

§ 34-4-3. Purported grant of estate greater than owned by grantor.A conveyance made by a tenant for life or for years, purporting to grant a greater estate than he or she possesses or can lawfully convey, shall not work a forfeiture of his or her estate, but shall pass to the grantee all the estate which the tenant can lawfully convey.History of Section.G.L. 1896, ch. 201, § 7; G.L. 1909, ch. 252, § 7; G.L. 1923, ch. 296, § 7; G.L. 1938, ch. 433, § 3; G.L. 1956, § 34-4-3.
RI Gen L § 34-4-4 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-4 - Expectant estates not dependent on precedent estates.

§ 34-4-4. Expectant estates not dependent on precedent estates.No expectant estate shall be defeated or barred by an alienation or other act of the owner of the precedent estate, nor by the destruction of the precedent estate by disseisin, forfeiture, surrender, or merger, nor shall a contingent remainder be defeated by the termination of a precedent estate before the occurrence of the contingency on which the remainder was limited to take effect. If that contingency subsequently occurs, the remainder takes effect in the same manner as a springing or shifting executory interest.History of Section.G.L. 1896, ch. 201, § 8; G.L. 1909, ch. 252, § 8; G.L. 1923, ch. 296, § 8; G.L. 1938, ch. 433, § 4; G.L. 1956, § 34-4-4; P.L. 1983, ch. 168, § 1.
RI Gen L § 34-4-5 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-5 - Bar of estates tail preserved - Defeat of expectancies provided for by grantor.

§ 34-4-5. Bar of estates tail preserved — Defeat of expectancies provided for by grantor.shall not be construed to prevent the barring of estates tail in the manner provided in §§ 34-4-14 — 34-4-18, nor to prevent an expectant estate from being defeated in a manner provided for or authorized by the party creating the estate.History of Section.G.L. 1896, ch. 201, § 9; G.L. 1909, ch. 252, § 9; G.L. 1923, ch. 296, § 9; G.L. 1938, ch. 433, § 5; G.L. 1956, § 34-4-5.
RI Gen L § 34-4-6 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-6 - Trustee of timber land subject to life estate.

§ 34-4-6. Trustee of timber land subject to life estate.When it appears that wood and timber standing on land, the use and improvement of which belongs, for life or otherwise, to a person other than the owner of the fee in the land, have ceased to improve by growth, or ought for any cause to be cut, the superior court may on petition appoint a trustee, and authorize and empower the trustee to sell and convey the wood and timber, to be cut and carried away within a time to be limited in the order of sale, and to hold, invest, reinvest, and change the investment of the proceeds thereof, after paying therefrom the expenses of the sale, and to pay over the income, above the taxes and other expenses of the trust, to the person entitled to the use and improvement while his or her right thereto continues, and, at the expiration of the right, to pay the principal sum to the owner of the land. When wood and timber have been cut as provided by this section, no more shall be cut on the land by the person entitled to the use and improvement without permission from the court. When a sale is authorized under this section, the trustee shall give, to the person as the court shall designate, a bond for the use and benefit of the persons interested in the proceeds of the sale, with condition for the faithful discharge of the trust; and the court may from time to time remove the trustee and appoint another in his or her stead, or fill a vacancy in the trusteeship whenever occasion may require.History of Section.G.L. 1896, ch. 201, § 12; C.P.A. 1905, §§ 1220, 1229; G.L. 1909, ch. 252, § 12; G.L. 1923, ch. 296, § 12; G.L. 1938, ch. 433, § 6; G.L. 1956, § 34-4-6.
RI Gen L § 34-4-7 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-7 - Sale or mortgage of real estate subject to contingent remainder, executory devise, or power of appointment.

§ 34-4-7. Sale or mortgage of real estate subject to contingent remainder, executory devise, or power of appointment.When real estate is subject to a contingent remainder, executory devise, or power of appointment, the superior court may, upon the petition of any person who has an estate in possession in the real estate, and after notice and other proceedings as required by this chapter, appoint one or more trustees and authorize him or her or them to sell and convey the estate or any part thereof in fee simple, if the sale and conveyance appears to the court to be necessary or expedient, for such an amount, and on such terms, as the court may deem proper; and the conveyance shall be valid and binding upon all parties. The trustee or trustees may, in the discretion of the court, and upon such terms and conditions as the court may prescribe, execute a mortgage of the estate or any part thereof, which mortgage may contain such powers of sale, conditions, and covenants as are usual in mortgages taken by savings banks in this state. Notes secured by, and covenants contained in, mortgages executed by the trustee or trustees, so far as those notes and covenants are made by the trustee or trustees in his or her or their representative capacity, shall not bind the trustee or trustees personally, but only the trust estate.History of Section.G.L. 1896, ch. 201, § 18; C.P.A. 1905, §§ 1220, 1229; G.L. 1909, ch. 252, § 18; P.L. 1912, ch. 829, § 1; G.L. 1923, ch. 296, § 18; G.L. 1938, ch. 433, § 7; G.L. 1956, § 34-4-7.
RI Gen L § 34-4-8 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-8 - Notice of petition for sale - Representation of minors and parties not ascertained.

§ 34-4-8. Notice of petition for sale — Representation of minors and parties not ascertained.Notice of a petition for sale shall be given in such manner as the court may order to all persons who are, or may become, interested in the real estate to which the petition relates, and to all persons whose issue not in being may become interested in the property. The court shall in every case appoint a suitable person to appear and act on the petition as the next friend of all minors, persons not ascertained, and persons not in being, who are, or may become, interested in the real estate. The cost of the appearance and the services of the next friend, including the compensation of his or her counsel, to be determined by the court, shall be paid, as the court may order, either out of the proceeds of the sale or by the petitioner, and in the latter case execution for the compensation may issue in the name of the next friend.History of Section.G.L. 1896, ch. 201, § 19; G.L. 1909, ch. 252, § 19; G.L. 1923, ch. 296, § 19; G.L. 1938, ch. 433, § 8; G.L. 1956, § 34-4-8.
RI Gen L § 34-4-9 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-9 - Management of proceeds of sale - Supervision by court.

§ 34-4-9. Management of proceeds of sale — Supervision by court.The trustee or trustees appointed under § 34-4-7 shall give bond in such form and for such an amount as the court may order, shall receive, hold, and invest the proceeds of any sale, and shall pay, apply, and distribute the proceeds, and any income therefrom, to or for the benefit of the persons who would have been entitled to the real estate and the income therefrom if the sale had not been made, and shall have full power in his, her, or their discretion, or, if a corporation, in the discretion of its officer or committee duly authorized, from time to time to invest, reinvest, and change the investment of the proceeds; and the court shall have jurisdiction of all matters thereafter arising in relation to the trust, including the removal of a trustee and the appointment of another in his or her stead, or filling a vacancy in the trusteeship whenever the occasion requires.History of Section.G.L. 1896, ch. 201, § 20; G.L. 1909, ch. 252, § 20; G.L. 1923, ch. 296, § 20; G.L. 1938, ch. 433, § 9; P.L. 1947, ch. 1953, § 1; G.L. 1956, § 34-4-9.
RI Gen L § 34-4-10 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-4 - Estates in Real Property|Section 34-4-10 - Construction of amendment to § 34-4-9.

§ 34-4-10. Construction of amendment to § 34-4-9.Section 34-4-9 shall be deemed to be declaratory of the purposes of that section as originally enacted, and shall not be construed to invalidate any action taken by any trustee or trustees appointed under § 34-4-7 prior to June 3, 1947.History of Section.P.L. 1947, ch. 1953, § 2; G.L. 1956, § 34-4-10.