Rhode Island Probate Questions & Answers

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.

1 Answer | Asked in Probate and Estate Planning for Rhode Island on
Answered on Jan 16, 2019
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.

Q: How do I get a copy of a wiil for someone who died in Rhode Island?

1 Answer | Asked in Probate for Rhode Island on
Answered on Jan 16, 2019
Neville Bedford's answer
Stop by the probate court in the town where they passed. If you are staying in Florida, hire an attorney to do that for you.

Q: Was told to expect inheritance. Over a year later, the will is still not probated. The widower doesn't disclose lawyer.

1 Answer | Asked in Probate for Rhode Island on
Answered on Jun 9, 2018
Neville Bedford's answer
GO to the town hall where the death occurred. If the case is not yet open, consider retaining an attorney to assist you in navigating this, sometimes complex, process.

Q: My Dad's probate has stalled. I've been waiting for the lawyer to send a document for my approval. Four months later,

1 Answer | Asked in Probate for Rhode Island on
Answered on May 27, 2018
Neville Bedford's answer
Make an appointment to go see them - or consult with another probate attorney.

Q: What's the breakdown in RI is husband dies without a will. The wife gets the 1st 50,000 or 100,000?

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Jan 11, 2018
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

Q: Its my deceased Dad account of only 1500 part of pr obate?

1 Answer | Asked in Probate for Rhode Island on
Answered on Dec 27, 2017
Neville Bedford's answer
Sorry for your loss. Consult with a local probate attorney to review all of the facts (and review his will if he had one) and decide if his estate shall have to be probated. If the $1500 is the only asset, it may go through as a small estate and there is a simplified process for that type of case.

Q: My mother passed in Rhode Island in Dec. 2016. I have two other sisters, one became the executor.

1 Answer | Asked in Probate for Rhode Island on
Answered on Dec 3, 2017
Kenneth V Zichi's answer
You've asked this question twice. Please see my previous answer.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Q: My two sisters inherited my mothers house and my mother bequested

1 Answer | Asked in Probate for Rhode Island on
Answered on Dec 3, 2017
Kenneth V Zichi's answer
This depends on how the will was written. If the house were given as a specific bequest, then no, probably not. If the money were given as a specific bequest and the house as a 'residual' item, then maybe, but it depends on the nature of the expenses paid.

Bottom line, you need to take all the documentation to a local estate and probate lawyer to review. State law may have an impact on the determination, and the wording is critical. That analysis is beyond the scope of what is possible...

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

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Oct 14, 2017
R.J. Connelly III's answer
technically an attorney is rarely required, but (a loaded question) is always a good idea. essential if it is a contested matter.

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

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Oct 14, 2017
R.J. Connelly III's answer
Short answer-yes for all probate assets ( without joint owners or beneficiary designations)

Q: I just got a call from my stepmother in R.I who married my father a few days before he died asking me to sign papers ...

1 Answer | Asked in Family Law, Real Estate Law and Probate for Rhode Island on
Answered on Sep 22, 2017
Ben F Meek III's answer
If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would have to have the consent of the children. Be careful that what you signed isn't some sort of waiver or assignment of your interests in the property, but merely a consent to sell it and to receive your...

Q: There is a bank account with my sister's name on it only is that a probate asset?

1 Answer | Asked in Probate for Rhode Island on
Answered on Aug 23, 2017
Kenneth V Zichi's answer
If there is no joint owner, AND not payable on death designation, then yes, upon death, it becomes a probate asset and needs to be handled accordingly.

--This answer is provided for informational purposes only and does not create an attorney - client relationship. If you need legal advice you should consult with a local attorney. I am licensed to practice in Michigan only.

Q: How long does the probate process usually take?

1 Answer | Asked in Probate for Rhode Island on
Answered on Jul 2, 2017
Neville Bedford's answer
Talk to your attorney. They will explain the time necessary for creditors to make any claims against the estate (usually six months) and the other tasks necessary to bring the matter to closure.

Q: Thank you for your reply. My father passed away on February 28, she did not contact us about the clean out or what item

1 Answer | Asked in Probate for Rhode Island on
Answered on May 3, 2017
Neville Bedford's answer
Sorry for your loss. Check at the probate court where he passed.

Q: For a house in probate, do the current relatives living in the house get first right to purchase? (RI)

1 Answer | Asked in Probate for Rhode Island on
Answered on Apr 20, 2017
Kenneth V Zichi's answer
Unless there is a lease or something in writing like a will or trust that offers such a right, there isn't one. The estate's personal representative/executor has an obligation to sell the property for as much as is practical to benefit the estate. The current occupant is the first obvious choice to see if they are willing to pay an appropriate amount of money, but that is up to the personal representative ...

-- This answer is offered for informational purposes only and does not...

Q: My father has six adult children, my aunt without permission from us cleaned out his apt and sold his truck no title

1 Answer | Asked in Probate for Rhode Island on
Answered on Apr 16, 2017
Neville Bedford's answer
Where is your father? He should be the first one to do something about this.. .unless he is no longer with us. If that is the case, speak to the attorney handling his estate and the trustees.

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

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Feb 8, 2017
Ben F Meek III's answer
You don't have to be present. Hire a local lawyer. Good luck.

Q: If my dad dies how do I get the death certificate if I don't have his last name?? He did pay child support in r.i

1 Answer | Asked in Family Law and Probate for Rhode Island on
Answered on Feb 6, 2017
Neville Bedford's answer
When it happens, if it happens, you may be able to find the information you seek with the help of an investigator.

Q: What does "persons interested" mean? Is that just the people named in a deceased person's will, or anyone who claims to

2 Answers | Asked in Probate for Rhode Island on
Answered on Jan 20, 2017
Kenneth V Zichi's answer
You're trying to do this yourself aren't you?

That phrase has a specific meaning in state law, but generally it means not only all the persons named in a will, but also 'heirs at law' and even creditors in some contexts.

Seek local legal representation ... none of this is as 'straightforward' as it may appear, and an ounce of prevention will save many tons of cure later on. The cost of a good local attorney will offset its expense many times over in most cases.

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

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Answered on Oct 6, 2016
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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