Rhode Island Estate Planning Questions & Answers

Q: How do you find out if sister left something to her brother if there is no will? We have reason to believe she did.

1 Answer | Asked in Probate and Estate Planning for Rhode Island on
Answered on Jan 16, 2019
Neville Bedford's answer
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.

Q: Is a living trust better than a will?

1 Answer | Asked in Estate Planning for Rhode Island on
Answered on Jul 18, 2018
Neville Bedford's answer
This requires a private meeting to discus the particulars of your assets, and goals.

Q: What's the breakdown in RI is husband dies without a will. The wife gets the 1st 50,000 or 100,000?

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Jan 11, 2018
Neville Bedford's answer
The surviving spouse of a decedent who dies domiciled in this state has a right of election that is not defined in finite dollar amounts. Review Rhode Island intestacy laws at your leisure, and/or hire a practicing probate attorney to assist in the proceedings. see: http://webserver.rilin.state.ri.us/Statutes/TITLE33/INDEX.HTM and particularly http://webserver.rilin.state.ri.us/Statutes/TITLE33/33-28/33-28-1.HTM

Q: A friend of mine would like to change her guardian, who just sold her house and car without asking her. Can she change?

1 Answer | Asked in Civil Rights, Estate Planning, Family Law and Elder Law for Rhode Island on
Answered on Nov 27, 2017
Neville Bedford's answer
Your friend would do well to meet with an attorney practicing probate and guardian law.

Q: if there's no executor of an estate can a tenant be thrown out?

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Rhode Island on
Answered on Nov 20, 2017
Neville Bedford's answer
Depending on whom are the heirs and what there rights are under the will, if any, and who will be the executor, or administrator, the answer may vary. Meet with a probate attorney in your area and discuss the details in private. If you are the executor, retain an attorney to assist you in navigating the process.

Q: My mother has passed away and my father is still living. They have a will. Do we need to contact a lawyer?

1 Answer | Asked in Estate Planning for Rhode Island on
Answered on Oct 19, 2017
Neville Bedford's answer
Yes, the property that your mother disposed of in her will may need to be filed in probate court. Consult with an attorney to review the will and your options.

Q: Thank you so much for your time! Is an attorney required or can she file on her own?

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Oct 14, 2017
R.J. Connelly III's answer
technically an attorney is rarely required, but (a loaded question) is always a good idea. essential if it is a contested matter.

Q: My friend's brother was due proceeds from an accident. Does she have to become admin? Proceeds 10k

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Oct 14, 2017
R.J. Connelly III's answer
Short answer-yes for all probate assets ( without joint owners or beneficiary designations)

Q: Is it possible that a older sibling can be power of attorney . But cannot do anything without the others consent

1 Answer | Asked in Estate Planning and Real Estate Law for Rhode Island on
Answered on Sep 10, 2017
Kenneth V Zichi's answer
Powers of Attorney are for people who are alive, not for 'an estate' ... something is wrong here either in what is being asked or in your understanding of it.

If what is going on is that someone has petitioned to become executor/personal representative and wants the other siblings (who each have equal rights to act) to 'sign off' and allow one person to handle the tasks, that is common and certainly appropriate under most circumstances, but it MIGHT cause issues if things are not...

Q: What is an irrevocable life insurance trust?

1 Answer | Asked in Estate Planning for Rhode Island on
Answered on Jul 2, 2017
Kenneth V Zichi's answer
A trust that

1) is designed primarily to hold life insurance and

2) cannot be revoked.

I think what you may have wanted to ask is 'why would you want such a thing' and the answer usually is 'you wouldn't' but there are some REALLY specific and limited situations where it is exactly what you DO want. Speak with a local estate planning attorney who does more than just holds seminars to help you 'avoid probate' and they can both recommend what you need AND explain WHY you...

Q: I live in california and my mother died in rhode island in her will she left me 20,000.00 dollars. My sister became

1 Answer | Asked in Estate Planning for Rhode Island on
Answered on May 3, 2017
Kenneth V Zichi's answer
If your mother left a lot of specific bequests (e.g. "My house I give to x. My car I give to y, my investment account I leave to z, and I give $20,000 to my son, and there isn't another $20k anywhere other than in those other specific things already given away, then the gift may 'lapse'. If she named beneficiaries on all her assets and left NOTHING in the probate estate, similarly, the gift to you may lapse.

Without knowing the WHOLE picture it is impossible to say, but yes, it is...

Q: If two people own a home jointly and one completes a quit claim deed, can they still will that home to others?

1 Answer | Asked in Real Estate Law and Estate Planning for Rhode Island on
Answered on Apr 21, 2017
Vincent Gallo's answer
He no longer has an ownership in the real estate to "will" to anyone. You still own your share, however to do with as you see fit.

Q: I live in California and I want to contest my mother's will, she lived in Rhode Island.

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Feb 8, 2017
Ben F Meek III's answer
You don't have to be present. Hire a local lawyer. Good luck.

Q: Is it always a good idea to try to avoid probate?

1 Answer | Asked in Estate Planning for Rhode Island on
Answered on Jan 21, 2017
Kenneth V Zichi's answer
There is no 'one size fits all' estate plan. SOMETIMES it is a good idea to avoid probate, and in MANY cases, probate can actually avoid problems that trying to avoid it will create. Sometimes, heirs NEED the structure of probate to insure everything gets done properly and in a timely manner, and other times and in some states particularly, the costs of probate are FAR more than non-probate.

In some states probate is actually LESS expensive than a complex trust administration designed...

Q: What do I have to do to get a legal document stating my son is my caregiver we do not want yo get paid for it

1 Answer | Asked in Contracts, Elder Law and Estate Planning for Rhode Island on
Answered on Oct 6, 2016
Neville Bedford's answer
Meet with an attorney to create documents necessary for your son to act on your behalf.

Q: In RI, does a will have to be carried out as written?

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Oct 6, 2016
Neville Bedford's answer
The attorney handling the estate in the Probate court in the town where the person died and usually where the property is located will be best suited to explain the circumstances when a cy press order MAY be entered and under what circumstances such a deviance may be allowed by the court/Judge hearing the case. So, make sure the heir/executor/executirx finds and experienced attorney to work with to avoid unnecessary complications.

Q: how do I make my son named my caregiver legally?

1 Answer | Asked in Family Law and Estate Planning for Rhode Island on
Answered on Jun 13, 2016
Neville Bedford's answer
If he is willing to serve in that capacity, consult with an attorney to assist in preparing the appropriate documents.

Q: how do I make my son named my caregiver legally?

1 Answer | Asked in Estate Planning for Rhode Island on
Answered on Jun 5, 2016
Neville Bedford's answer
Assuming he is willing to serve in this capacity, meet with an attorney to draft the appropriate documents for you.

Q: My husband's sisters are trustees of the family trust. They have quick deeded the property to themselves as trustees

1 Answer | Asked in Estate Planning and Real Estate Law for Rhode Island on
Answered on May 7, 2016
Neville Bedford's answer
It sounds like it is a perfect time for your husband to meet with, and retain, an attorney to advocate for his rights.

Q: My brother passed away without a will. He has two children who are claiming as heirs. Can I also claim inheritance

1 Answer | Asked in Estate Planning for Rhode Island on
Answered on Sep 7, 2015
Neville Bedford's answer
Sorry for your loss. I'd suggest meeting with and retaining an attorney who works with intestate estates to best manage the legal aspects of his estate.

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