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Im drawing up a life estate deed and want to name biological son, step-son and there mother whom I was never married to. I want my son and his mom to live in the home’ for life’. My step-son owns his own home but don’t want to leave him out..Will that be an investment property to my step-son... View More 
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answered on Sep 25, 2024
Your intentions are unclear. Do you want to grant a life estate to your son and his mother for their joint lives, remainder to you? (So you move out while they are alive and then move back in when they die.) Or do you want to convey the property to them, reserving a life estate to yourself? (You... View More
Can her home be sold now or after she dies?
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answered on Jul 24, 2024
Most likely she is at a nursing home with the intention to return home if she is able. She can agree to sell her home if she wants to do that. If she does not want to sell it then it will remain hers for life. Although she is not living there right now, that does not forfeit her life estate.
10 beneficiaries, executor included. Automobiles, jewels, cash, antiques, televisions etc .
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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
My dad wants to do a life estate so me, mom and my step-brother can have the house without going through probate. Will getting the house affect mine and my moms SSI and Medicaid? We are keeping it to live in as our primary residence in RI. My step-brother owns his own home, will that affect his... View More
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answered on Sep 25, 2024
If your father creates a life estate and transfers the house to you, your mom, and your step-brother, it likely won’t affect your SSI and Medicaid benefits as long as you continue to use the house as your primary residence. For Medicaid, one primary residence is generally considered an exempt... View More
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..
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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
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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
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
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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
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answered on Aug 16, 2023
Yes. That would be fraud.
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
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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
answered on Mar 22, 2023
Tangible personal property is transferred to a trust with a bill of sale or assignment in most cases.
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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.
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.
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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
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.
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?
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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.
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.
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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.
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
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
Would executor need permission of beneficiaries to live there and would exector need to pay rent at current market value?
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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.
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?
answered on Jul 25, 2019
Probably not--unless there is clear evidence of some kind of fraudulent behavior on the part of other heirs.
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