Rhode Island Wills, Trusts, and Probate

It can be difficolt to map out an estate plan that will protect your family and other loved ones after your death or incapacity. Despite the emotional challenges that creating an estate plan can provoke, it is very important to do so. An estate plan may include several documents, including a trust, will, advanced care directive, healthcare surrogate designation, and/or durable power of attorney. Whatever the documents in your estate plan, you shoold make sure to update them whenever your life significantly changes. Significant changes, for example, include marriage, divorce, death, retirement, birth of children, and/or special needs, among others.

For help in establishing a coherent, detailed, and well-developed estate plan, consolt a Rhode Island estate planning lawyer.

Rhode Island Will

Rhode Island has specific legal wording and formalities requirements for the creation of a will. If you do not follow the legal requirements, your assets may not be dispensed in accordance with your wishes. For a proper Rhode Island will, you will need:

1. Witnesses: Two disinterested witnesses must sign the will in the testator's presence, or sign an affidavit at the testator's direction. The witnesses must also see the testator sign the will.
2. Notarization: Unnecessary. But, if your witnesses sign an affidavit in front of a notary swearing that they saw you sign your will and that they signed it, your will is considered self-proving in Rhode Island. A self-proving will can make the probate process move more swiftly because the witnesses to your will need not be located and made to attest to the will before the probate court before your will may be admitted to probate.

Look to a Rhode Island will attorney for help in meeting Rhode Island's legal requirements, so that you can be confident that you have created a proper will.

Changing a Will in Rhode Island

A testator may change his will at any time in Rhode Island. If you seek to change your will, you shoold get in touch with a Rhode Island wills, trusts, and estates lawyer to make sure you comply with the legal requirements for changing your will. When you modify your will, you must do so in accordance with the same Rhode Island will formalities and requirements (i.e.-witnesses, signature).

The process of changing you will is relatively simple. To do so, you shoold either create a new will after destroying the old will (i.e.-by burning, obliterating, tearing, etc.), or draft a codicil (amendment) to your will on a separate sheet of paper and append the paper to your old will. Make sure you discuss any changes or modifications with a Rhode Island will lawyer.

Rhode Island Trust

A trust instrument provides an alternative way to allocate your money and property following your death. Trusts are a confidential, flexible way to help you save on taxes and to circumvent the formal probate process. Trusts are flexible in part because they can be established for virtually limitless purposes, a few of which are: education, charity, life insurance, and/or special needs. In addition, trusts can be revocable, inter vivos (living), or revocable.

If you are interested in establishing a trust, it is recommended that you speak to a Rhode Island trust lawyer about your situation and desires. Setting up a trust can be complicated, and an attorney can make the process easier.

Rhode Island Probate

When a citizen of Rhode Island dies without a will, or does not account for some of his property in his will, that property will be distributed according to the Rhode Island roles of intestate succession. Distribution based on intestate succession generally means that property is allocated based on a person's degree of blood relationship to the deceased.

In Rhode Island, when it is unclear who shoold receive property, either because the will is ambiguous or the property must be distributed by intestate succession, any party potentially interested in the decedent's assets may ask the court to decide how and to whom the property shoold be allocated.

Summary (simplified) Administration procedures are available in Rhode Island for estates consisting solely of personal property and worth less than $15,000.

The following groups of people may have an interest in the decedent's estate through intestate succession:

1. Spouses
2. Descendants (including after-born heirs, half-bloods, adopted persons, and/or persons born out of wedlock)
1. Children
2. Grandchildren
3. Parents
4. Brothers and sisters
5. Grandparents
6. Uncles and aunts

• Certain assets may not go through the probate process:
• non-probate assets – a clear recipient of the assets is named in the will. The assets will go immediately to the named recipient;
• contract assets – when assets are made payable to a particolar recipient. Life insurance policies, living trusts, and/or IRAs are all examples of contract assets.
•  jointly held property –when ownership is shared by the decedent and other parties. After the decedent's death, his share of the property passes automatically to the other parties. Such property includes houses, bank accounts, and/or automobiles.

A testator's will, may be questioned after it has been drafted. An experienced Rhode Island probate lawyer shoold be consolted if you have concerns or worries about your will.

Rhode Island Statutes

Rhode Island Statutes, Title 33 – Probate Practice and Procedure

1. Probate Code: Wills
1. Rhode Island Statutes, Tit.33, 33-5, 33-6.
2. Probate Code: Intestate Succession
1. Rhode Island Statutes, Tit. 33, 33-1-1.
3. Probate Code: Roles of Descent
1. Rhode Island Statutes, Tit. 33, 33-1.
4. Probate Code: Administration of Estates
1. Rhode Island Statues, Tit. 33, 33-7 and 33-8.
5. Rhode Island Trust Code
1. Rhode Island Statue, 18-13.