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Rhode Island Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: Can the executor of a family trust take everything of value from the residence not mentioned in the will.

10 beneficiaries, executor included. Automobiles, jewels, cash, antiques, televisions etc .

Albin Moser
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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

1 Answer | Asked in Estate Planning for Rhode Island on
Q: hi, i am interested in a revocable trust or irrevocable trust for our home and what does it cost to do.

i want to keep our 13 year old daughter out of probate court incase of our death.. i am 59.5 and wife is 66 years old.. we have not done a will either and not sure what that would cost. or the what the cost of a trust would be..

Albin Moser
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answered on Oct 6, 2023

Lawyers in Rhode Island charge different rates for estate plans. Some would charge $2000, some $4000, and some would charge more such as $10,000. The higher end lawyers are doing tax work that is for wealthy families. For middle class families that have the usual set of assets including a house,... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Rhode Island on
Q: What is the current law in Rhode Island in regards to a life estate pertaining to nieces and nephews?
Albin Moser
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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

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: Is a General Release form that's signed by me (and witness) a binding document?

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

Albin Moser
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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

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Rhode Island on
Q: Hi, I am not getting anywhere with accessing my late father's executor/wills order petition to dis. Is it open records?

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

Albin Moser
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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

1 Answer | Asked in Estate Planning and Family Law for Rhode Island on
Q: Hi Is it against the law to pretend that you are married to someone just so she can collect an inheritance
Albin Moser
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answered on Aug 16, 2023

Yes. That would be fraud.

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: If a house is in a revocable trust, upon death will ownership pass to the beneficiary without going into probate?
Albin Moser
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answered on Jul 2, 2023

Yes.

1 Answer | Asked in Estate Planning and Elder Law for Rhode Island on
Q: Do the titles of tangible assets have to be changed or can the assets just be listed in an irrevocable trust document?
R.J. Connelly III
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R.J. Connelly III
answered on Mar 22, 2023

Tangible personal property is transferred to a trust with a bill of sale or assignment in most cases.

1 Answer | Asked in Estate Planning for Rhode Island on
Q: Does a ri irrevocable trust need to be notarized by a ri notary or can any notary witness the document signing
Albin Moser
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answered on Mar 18, 2023

If the trust is going to be signed and notarized in Rhode Island then the notary needs to be a Rhode Island notary public. If the trust is going to be signed and notarized somewhere outside of Rhode Island then the notary needs to be a notary in that jurisdiction.

2 Answers | Asked in Estate Planning and Real Estate Law for Rhode Island on
Q: Is there a way of signing over our home to my son, maintain life tenancy, and exclude his current wife?

The home has been in the family for multiple generations and we are not certain his current wife is in this long term and want to be certain if we sign it over she can't get it if they divorce.

Albin Moser
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answered on Dec 3, 2021

The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her... View More

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1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: If money is willed to 2 sons to be split evenly, but 1 passed away before their mom, does the other son get all of 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.

Neville Bedford
Neville Bedford
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.

1 Answer | Asked in Estate Planning for Rhode Island on
Q: How do i find out about a power of attorney given by living parents to one child of three? Is it recorded anywhere?

One parent is deceased and the others won't answer questions about the document. How do we find out what it covers as a child of the parents?

Nina Whitehurst
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answered on Jul 16, 2020

Powers of attorney are sometimes recorded in the local land records, but more often than not they are not. The obvious answer is to ask the living parents and/or the child to whom the power of attorney was given.

1 Answer | Asked in Divorce and Estate Planning for Rhode Island on
Q: Is there a statute of limitations on divorce settlements?
Neville Bedford
Neville Bedford
answered on Jun 1, 2020

Sorry for your loss. Your mother should talk to her lawyer. They will have the particular documents and be able to best advise her.

1 Answer | Asked in Estate Planning for Rhode Island on
Q: Our mom passed away and left the house to all of us when it's sold do we all have to be at the closing or just executor
Nina Whitehurst
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answered on Mar 15, 2020

If the executor has the authority to sell, only the executor needs to be there. A probate attorney can help determine that or you can direct your question to the title company that is going to insure the sale to the buyer.

1 Answer | Asked in Estate Planning and Elder Law for Rhode Island on
Q: My husband is trustee/executor of his dad's trust. He has two siblings, each of them entitled to 1/3 of the trust.

One of the siblings (through his attorney) has not signed a release (sent to him more than four months ago) to get what's left of his inheritance after expenses. Trustee is considering petitioning the court (under Title 18-6-2 of RI law) for trustee/executor to be freed from liability for his... View More

Neville Bedford
Neville Bedford
answered on Dec 12, 2019

It is very kind of you to want to help. Your husband should be able to figure all of this out with help from their attorney. If they do not have an attorney assisting them, now would be a great time for them to retain one. It sounds like this simple trust / estate is becoming more complicated. Your... View More

1 Answer | Asked in Estate Planning for Rhode Island on
Q: In Rhode Island can the executor of a will live in the house of the deseased, the major asset of the estate?

Would executor need permission of beneficiaries to live there and would exector need to pay rent at current market value?

Nina Whitehurst
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answered on Nov 17, 2019

To prevent claims against the executor for breach of fiduciary duty against the executor, the executor should obtain court approval before doing such a thing.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Civil Litigation for Rhode Island on
Q: Inheritance rights where estate wrongly dealt with by intestate succession

Substantial estate passed by intestate succession after named beneficiary in a will could not be located. Named beneficiary located 10-years later. Do they have rights to claim?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 25, 2019

Probably not--unless there is clear evidence of some kind of fraudulent behavior on the part of other heirs.

1 Answer | Asked in Probate and Estate Planning for Rhode Island on
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.

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

Neville Bedford
Neville Bedford
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.

1 Answer | Asked in Estate Planning for Rhode Island on
Q: Is a living trust better than a will?
Neville Bedford
Neville Bedford
answered on Jul 18, 2018

This requires a private meeting to discus the particulars of your assets, and goals.

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: What's the breakdown in RI is husband dies without a will. The wife gets the 1st 50,000 or 100,000?
Neville Bedford
Neville Bedford
answered on Jan 11, 2018

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:... View More

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