Get free answers to your Probate legal questions from lawyers in your area.
Uncle dies, never married, no children, had 4 sisters with children. One sibling, my mother, is the only living next of kin (91yrs) but the 3 sisters, that are deceased, have some living children- being my uncle's nieces and nephews. His lawyer is going to divide his estate by the 4... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024
Unfortunately no, it would not all go to the living sibling. The division of the estate between the living sibling and the descendants of the three deceased siblings is the correct distribution under Rhode Island law. As for the amount of money in the estate and how much is left, you can find out... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024
To answer this question accurately, we need to consider a few key points:
1. The role of a fiduciary: When a court appoints a lawyer as a fiduciary (such as an executor, administrator, or guardian), they are given specific legal responsibilities and powers.
2. Court appointment:... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
One of the purposes of probate is to make sure there is clear title to assets, so if there is no trust or other means of non probate transfer of these assets then yes, they need to be probated. But, concerning the houses, check the deeds to see if they were owned with any other person or placed in... View More
10 beneficiaries, executor included. Automobiles, jewels, cash, antiques, televisions etc .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2023
No, the executor of the probate estate or the trustee of the family trust does not have the right to take everything not mentioned in the will, unless the intention is to hold it for distribution to the rightful heirs of the estate and beneficiaries of the family trust. The executor is the person... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2023
Anyone can grant a life estate to anyone, regardless of whether or not the grantor and grantee are related. If the deed is valid then the life estate is valid. If someone were to try to challenge the deed on the argument that they are a closer relation, their closer relation is not enough in itself... View More
I've always wondered if my Grandparents "disinherited me" (long story!). It's more of a personal concern than financial. I'm financially independent and don't need or expect anything, but the situation is strange enough that I'd like to "sneak behind the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
If your grandparents are still living then no. If the maker of the will is still living then no one can read the will without the maker's permission. If your grandparents are deceased then maybe: Upon the maker's death the will would be probated, if there is any probate estate. Those... View More
I'm an estate beneficiary and was promised by the probate attorney that I would receive a check for a certain amount upon my signing (with witness) the General Release form per Rhode Island Probate Court. I performed as asked and mailed the form back. The attorney later emailed me stating that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2023
You are bound by the release you signed only if you get the money stated in it. The attorney for the executor or administrator is saying no, you won't get that amount of money, you will get something less. That means that the release is not binding on you. Unless you sign a release for the new... View More
I live in KY, but it was carried out in Rhode Island, and its hard to do things when your 1000+ miles away, and all the paper work is in a storage unit in RI, is there any other way i can go about finding out the information within it like the lawyers name? Something where i can get started??? Im... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023
The petition and order you are looking for are in the records of the probate court for the town or city in which your father last resided. You can call the probate court for that town or city and speak to the probate clerk, ask for a copy of the records. Probate records are not usually available... View More
What is the ownership status for a house that we inherited from our mother? She passed away 20 years ago and my brother took control of her house but the two of us never followed through with the quit claim process. Do we legally own the house jointly?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2022
You still have an ownership interest that you can assert. If a probate was never opened, one would need to be opened so that the property could be properly transferred to the rightful heirs. I would need more information - whether there was a will or a trust, and how the property was deeded prior... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2022
It means that if the executor or administrator were to fail in his duties to the beneficiaries of the probate estate, then the beneficiaries can claim against the bond up to the amount of $300,000. Often the bond is a personal bond with no surety, meaning it is given by the executor or... View More
My brother has lived there most of his life, but never took over any financial or other responsibility for the house while my father was alive
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2022
If your father conveyed his entire interest in his house to your brother then the house would not be part of the probate estate because the house was not owned by your father at the time of his death.
My mom recently passed away. She did have a Will. My step father is refusing to share her Will with her children. I know there's certain things that belonged to my mom that she inherited from my grandmother that was to be passed along to me when my mom passed. My step father denied me seeing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2022
You can petition in the probate court of the city or town where your mother lived, and demand the production of the will. Your stepfather would be court-ordered to produce it.
Or would the dead son's half get passed to his heirs? The wording on the will is just that the remainder of her money gets split evenly between son 1 and son 2.
answered on Mar 31, 2021
Get a copy of that will and make an appointment to meet with your local probate attorney to discern whether the intention of the testator is per capita, or per stirpes.
My Father passed away in 2012, his next of kin was his wife, so she received his Veterans Burial Flag. She had passed away in 2019, I just found out. She gave my Father’s flag to her grandson, I was my Father’s only biological child and they had no children together. With my Father’s death, I... View More
answered on Jul 6, 2020
Consult with a local attorney to review the case that was likely filed in the town where they passed. If the will was filed and no objection was timely filed, you may not have a remedy. For peace of mind, the consultation may be worth your while.
No will exits, Do funds go directly to the surviving sister or does it get split with the deceased sister's children ?
answered on Jul 6, 2020
Sympathies for your loss. http://webserver.rilin.state.ri.us/Statutes/TITLE33/33-1/33-1-1.HTM will give you the answer you seek. Do yourself a favor and meet with a local attorney to explain the rules of descent and administration of an intestacy petition in the probate court. They will be able to... View More
Deceased brother's girlfriend is 1st executor & my mom is 2nd. Girlfriend refuses to give the will to the small estates probate court & refuses to give it to my mom who will file the petition. The estate only consists of a very small bank acct. Girlfriend made sure she got his major... View More
answered on Apr 15, 2020
Your mom would do well to hire the attorney who gave her the advise, or any attorney of her choosing.
answered on Jan 31, 2020
It depends on what the terms of the guardianship are. Talk to them about it.
The situation is- Married couple, Wife dies totally unexpectedly -she handled all the finances and made all the money and did not trust husband with finances. After her death Husband made his nephew beneficiary. Husband dies...does nephew get all of her stuff too? He came in and took all the... View More
answered on Jan 16, 2019
If nephew is the beneficiary of the Husband's will, he will have to file the will in the probate court. Meet with and retain an experienced probate attorney to assist in your quest.
answered on Jan 16, 2019
Stop by the probate court in the town where they passed. If you are staying in Florida, hire an attorney to do that for you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
