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 
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
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
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.
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.
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.
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
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.
answered on Jul 18, 2018
This requires a private meeting to discus the particulars of your assets, and goals.
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
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... View More
answered on Nov 27, 2017
Your friend would do well to meet with an attorney practicing probate and guardian law.
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?
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... View More
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.
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