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.
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
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.
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...
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...
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...
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...
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.
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