Can I elect to receive a life estate instead of an intestate share in Rhode Island?
Detailed Answer Under Rhode Island law, a surviving spouse may elect to take a statutory elective share instead of the intestate share. Title 33, Chapter 4 of the Rhode Island General Laws abolishes traditional dower and curtsey and creates a spouse’s elective share. As set forth in R.I. Gen. Laws § 33-4-4, you can choose […]
Read article →How does an executor obtain an EIN for the estate in Rhode Island?
Detailed Answer What is an EIN and why your estate needs oneWhen someone passes away in Rhode Island, the executor (also called the personal representative) must manage the decedent’s assets and file necessary tax returns. The Internal Revenue Service (IRS) requires a unique Employer Identification Number (EIN) to identify the estate for federal tax purposes. […]
Read article →What is the difference between common-form and solemn-form probate in Rhode Island?
Common-Form vs. Solemn-Form Probate in Rhode Island Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer In Rhode Island, probate fits into two basic procedures that mirror the concepts of “common-form” and “solemn-form” probate traditionally used in other […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in Rhode Island?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer In Rhode Island, a year’s allowance provides support for a surviving spouse (and minor children) out of the decedent’s personal estate before final distribution. Under R.I. Gen. Laws §33-3-1, the probate court may grant one year’s use of the family […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in RI
Detailed Answer When a loved one passes away in Rhode Island, you must file their original will or a certified court copy to start probate administration. Probate takes place in the Superior Court – Probate Division – in the county where the decedent lived. Follow these steps to locate, obtain, and submit the necessary documents. […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Rhode Island
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer When you hire an attorney for probate matters in Rhode Island, the initial representation agreement—often called an engagement letter—sets out which tasks the attorney will perform for you. Understanding this scope helps you manage expectations, costs, and timeframes. 1. Review […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties under Rhode Island law?
Detailed Answer Under Rhode Island law, an estate administrator (also called a personal representative) must follow the will or intestacy rules, collect estate assets, pay debts and taxes, and distribute property to beneficiaries. If an administrator refuses or neglects these duties, interested parties may petition the Probate Court in the county where the estate is […]
Read article →How can I request an extension for filing a final accounting in probate in Rhode Island?
How to Request an Extension for Filing a Final Accounting in Probate in Rhode Island Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation. 1. Understanding Rhode Island’s Final Accounting Deadline Under Rhode Island law, an executor or administrator […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Involving a Car Accident in RI?
Detailed Answer Under Rhode Island law, a wrongful death claim arising from a car accident must be filed by the decedent’s personal representative. Rhode Island’s wrongful death statute, R.I. Gen. Laws § 10-7-1, provides that “whenever the death of a person is caused by the wrongful act, neglect, or default of another, the personal representative […]
Read article →How do I apply for letters of administration in Rhode Island and what forms are required?
Detailed Answer In Rhode Island, letters of administration authorize a personal representative to manage and distribute a decedent’s estate when there is no valid will. You must petition the Probate Division of the Superior Court in the county where the decedent resided at death or owned real property. 1. Verify Eligibility and Venue Under R.I. […]
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