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Rhode Island Estate Planning Questions & Answers

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... Read more »

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 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 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:... Read more »

1 Answer | Asked in Civil Rights, Estate Planning, Family Law and Elder Law for Rhode Island on

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

My friend feels financially exploited by her daughter, who is also her legal guardian. This daughter sold my friend's house and car without asking her permission or discussing it with her in any way. She also had her committed to a mental health hospital, but the hospital released her after a few... Read more »

Neville Bedford answered on Nov 27, 2017

Your friend would do well to meet with an attorney practicing probate and guardian law.

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Rhode Island on

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

My mother and father in law had both passed away and no one has filed for executor of their estate. My sister in law is currently living in one of the apartments but her sister states that she is going to have her evicted. Can this be done?

Neville Bedford answered on Nov 20, 2017

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... Read more »

1 Answer | Asked in Estate Planning for Rhode Island on

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

Neville Bedford answered on Oct 19, 2017

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.

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

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

My friend basically has nothing! She needs these funds to payoff the loan she borrowed for the services she had for her brother and then her sister 4 days later. If there is a chance I can help w/o an attorney (no disrespect), please advise. Again, thank you for time and consideration.

R.J. Connelly III answered on Oct 14, 2017

technically an attorney is rarely required, but (a loaded question) is always a good idea. essential if it is a contested matter.

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

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

No Will in place. Does this fall under Intestate Succession Law?

R.J. Connelly III answered on Oct 14, 2017

Short answer-yes for all probate assets ( without joint owners or beneficiary designations)

1 Answer | Asked in Estate Planning and Real Estate Law for Rhode Island on

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

Grandfather passed away 6 months ago. He has 4 daughter's one is deceased. The older sister .She wants my other aunt and my mother to sign a waver to become power of attorney of his estate . Can they sign a paper that if they sign the wavier to give her power she still will have to have the other 2... Read more »

Kenneth V Zichi answered on Sep 10, 2017

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...
Read more »

1 Answer | Asked in Estate Planning for Rhode Island on

Q: What is an irrevocable life insurance trust?

Kenneth V Zichi answered on Jul 2, 2017

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...
Read more »

1 Answer | Asked in Estate Planning for Rhode Island on

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

Executrix and hired an attorney. I contacted the lawyer to find out when i would get my inheritance and she said ( Although our office and the Executrix are still in the process of

identifying all the Estate assets, thus far, it does not appear that there

are any liquid assets... Read more »

Kenneth V Zichi answered on May 3, 2017

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... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Rhode Island on

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

My ex-husband and I jointly owned a house in RI but he completed a quit claim deed but in his will, leaves this said house to his girlfriend? is this possible?

Vincent Gallo answered on Apr 21, 2017

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.

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

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

My sister is petitioning to be the executor of the will and I want to know do I have to be at that hearing in order to contest.

Ben F Meek III answered on Feb 8, 2017

You don't have to be present. Hire a local lawyer. Good luck.

1 Answer | Asked in Estate Planning for Rhode Island on

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

Kenneth V Zichi answered on Jan 21, 2017

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... Read more »

1 Answer | Asked in Contracts, Elder Law and Estate Planning for Rhode Island on

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

I am legally blind I have been over ,20 years my son transports me everywhere reads my mail writes my bills he is 22 had always lived with me helping me he works

Neville Bedford answered on Oct 6, 2016

Meet with an attorney to create documents necessary for your son to act on your behalf.

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

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

If the will says the deed to a property is to be turned over to one heir, and that heir decides they don't want the property, can they just turn down the deed and all heirs sell the property? Or does the deed HAVE to go to them and they're then responsible for selling it if they don't want it?

Neville Bedford answered on Oct 6, 2016

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... Read more »

1 Answer | Asked in Family Law and Estate Planning for Rhode Island on

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

I am legally blind I have been for over 20 years I am on disability my son lives with me always has he is 22 and he takes me everwhere I have to go I do not drive anymore he reads my mail writes my checks he does a lot of thiings I cannot do because of my vision I want to make him named my care... Read more »

Neville Bedford answered on Jun 13, 2016

If he is willing to serve in that capacity, consult with an attorney to assist in preparing the appropriate documents.

1 Answer | Asked in Estate Planning for Rhode Island on

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

I am legally blind I have been for over 20 years I am on disability my son lives with me always has he is 22 and he takes me everwhere I have to go I do not drive anymore he reads my mail writes my checks he does a lot of thiings I cannot do because of my vision I want to make him named my care... Read more »

Neville Bedford answered on Jun 5, 2016

Assuming he is willing to serve in this capacity, meet with an attorney to draft the appropriate documents for you.

1 Answer | Asked in Estate Planning and Real Estate Law for Rhode Island on

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

Individually before the estate has been settled. My husband is beneficiary, as are his two sister. Is this legal? Will he be offered fair market value for the property? Is this a conflict of interest?

Neville Bedford answered on May 7, 2016

It sounds like it is a perfect time for your husband to meet with, and retain, an attorney to advocate for his rights.

1 Answer | Asked in Estate Planning for Rhode Island on

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

He has no wife and my husband and I have cared for him for the last 3 years with no involvement from the kids. He lived alone and was very sick.

Neville Bedford answered on Sep 7, 2015

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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