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Rhode Island Probate 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 Probate for Rhode Island on

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

Neville Bedford answered on Jan 16, 2019

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.

1 Answer | Asked in Probate for Rhode Island on

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

Shortly before she died, a friend informed me I was to inherit her house and business, which she shared with her brother. More than a year later, the will still hasn't been probated and the widower, who is in his 80s, refuses to disclose the lawyers handling the case. What are our options? We live... Read more »

Neville Bedford answered on Jun 9, 2018

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.

1 Answer | Asked in Probate for Rhode Island on

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

I'm still waiting. I've called but he doesn't return my call. What's my next step to resolve this. It's been 1.5 years since probate started in RI.

Neville Bedford answered on May 27, 2018

Make an appointment to go see them - or consult with another probate attorney.

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 Probate for Rhode Island on

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

Neville Bedford answered on Dec 27, 2017

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.

1 Answer | Asked in Probate for Rhode Island on

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

of my mother's estate My mother named me in her will and bequested me the sum of $20,000, which my sister tells me I'm not going to get because there's no money in my mother's accounts. The hearing to close the estate, is in 7 days and don't agree with the accounting that my sister sent me. It... Read more »

Kenneth V Zichi answered on Dec 3, 2017

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...
Read more »

1 Answer | Asked in Probate for Rhode Island on

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

Me the sum of twenty thousand dollars. They said my mom's money in her estate was only twenty six thousand dollars and they used it up on the funeral and utility bills of the house for a year after my mothers passing. Can I force My sisters to sell the house and pay me my bequest?

Kenneth V Zichi answered on Dec 3, 2017

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...
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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 Family Law, Real Estate Law and Probate for Rhode Island on

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 ...

She stated the papers would be emailed to me since I live in Florida and can not be at the closing and i would be signing over my rights to the house so she could sell it...She had stated shortly after his death there was no will and nothing was left to me so why would i need to do this? She has... Read more »

Ben F Meek III answered on Sep 22, 2017

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... Read more »

1 Answer | Asked in Probate for Rhode Island on

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

Kenneth V Zichi answered on Aug 23, 2017

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...
Read more »

1 Answer | Asked in Probate for Rhode Island on

Q: How long does the probate process usually take?

Neville Bedford answered on Jul 2, 2017

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.

1 Answer | Asked in Probate for Rhode Island on

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

where in the apartment. Is there someone we can contact. My aunt listed his bank accounts only in court. How do I find the lawyer that is handling his

estate? Thank you in advance.

Neville Bedford answered on May 3, 2017

Sorry for your loss. Check at the probate court where he passed.

1 Answer | Asked in Probate for Rhode Island on

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

Lived in the house for years before the owner passed away

Kenneth V Zichi answered on Apr 20, 2017

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... Read more »

1 Answer | Asked in Probate for Rhode Island on

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

and sold his truck and then took his collectible coins, baseball memorabilia and other antiques, can we take her to court. She does not have the truck title.

Neville Bedford answered on Apr 16, 2017

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.

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 Family Law and Probate for Rhode Island on

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

My mom and my dad where never married and he has no other living family members besides me and my mom..We just seen this happen to a friend but I don't know the out come

Neville Bedford answered on Feb 6, 2017

When it happens, if it happens, you may be able to find the information you seek with the help of an investigator.

2 Answers | Asked in Probate for Rhode Island on

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

be owed money from an estate?

Kenneth V Zichi answered on Jan 20, 2017

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...
Read more »

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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 »

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