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Rhode Island Probate Questions & Answers
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
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...
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1 Answer | Asked in Probate for Rhode Island on
Q: How long does the probate process usually take?
Neville Bedford
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
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
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... 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
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
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
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
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...
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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
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 Probate for Rhode Island on
Q: If parent in RI passes away before selling car to me does this have to go through probate?

Father deceased. I am an only child.

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

If you were not on the title at the time of death, it may be necessary to go through probate. If the car is the only asset, it will be a very simple case. Meet with a local probate attorney to discuss the details and particulars.

1 Answer | Asked in Probate for Rhode Island on
Q: I just found out that my sister became the co-owner of moms house the day of my dads funeral does this cancel will
Neville Bedford
Neville Bedford
answered on Jun 11, 2014

The will may or may not effect this transfer. Meet with a Probate/Estate Attorney to review your case and the particulars.

1 Answer | Asked in Probate for Rhode Island on
Q: Can you charge rent to a family member who is living in a house that is apart of an estate that is in probate
James J Bagley
James J Bagley
answered on Apr 23, 2013

If you own the home and/or have superior rights to it than that person and they are not your child under the age of eighteen then you may charge rent. Once the house is out of probate rights may change and you may lose your ability to charge rent. If you currently have no rights because the... Read more »

1 Answer | Asked in Probate for Rhode Island on
Q: On the RI probate form 9.1 what is Type of Petiton to be entered on the blank line?
Michael L. Mineau Esq.
Michael L. Mineau Esq.
answered on Mar 20, 2013

This blank line is for the type of petition you are seeking to waive the notice requirement for. Because this form is used for different types of petitions (i.e. Petition for Probate of a Will, Administration Petition, etc.), you should fill in the blank with the type of Petition that your upcoming... Read more »

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