Recovering a Cash Bequest from a Sibling’s Estate in Rhode Island When the Executor Won't Cooperate
What to do if an executor won’t deliver a cash legacy under Rhode Island law Short answer If you are named in a will as the recipient of a cash bequest but the executor (personal representative) refuses or delays payment, start by requesting a written accounting and a copy of the probate file, then ask […]
Read article →Filing a Notice to Creditors in Rhode Island: Step-by-Step Guide
How to File a Notice to Creditors in Rhode Island Probate Short answer: In Rhode Island, the personal representative (executor or administrator) of an estate must publish and serve notice to known and unknown creditors in accordance with Rhode Island probate rules and statutes. The process typically includes preparing the notice with required information, publishing […]
Read article →How to Be Appointed Executor in Rhode Island When the Named Executor Refuses
Can you be appointed when the named executor refuses to serve? State law referenced: Rhode Island probate practice and statutes (Title 33, Decedents' Estates). For general court information, see the Rhode Island Judiciary Probate Court: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx and the Rhode Island General Laws, Title 33: https://webserver.rilin.state.ri.us/Statutes/TITLE33/ Detailed answer — how appointment works in Rhode Island If […]
Read article →Rhode Island: When an Inherited House Is Outside Probate and Whether You Can Make Mortgage Payments to Prevent Foreclosure
How an Inherited House Can Be Outside Probate — and What You Can Do About the Mortgage in Rhode Island Short answer: A house you inherited may not go through probate if title passed automatically (for example, by joint tenancy, a trust, or another survivorship mechanism). Whether you can keep the lender from foreclosing by […]
Read article →Rhode Island: Challenging a Sibling’s Use of a Deceased Parent’s Bank Account Before Probate
Can you stop a sibling from using a deceased parent’s bank account before an administrator is appointed? Short answer (what you need to know first) If the decedent’s bank account was in their sole name (no payable-on-death beneficiary and no surviving joint owner), the money generally belongs to the estate, not to any one family […]
Read article →Rhode Island: Forcing Return of Sentimental Items During Probate — What You Need to Know
Detailed Answer Short answer: Possibly — but it depends on whether the items are part of the probate estate, whether the will (or Rhode Island intestacy rules) gives them away, and whether your sibling lawfully possesses them. You usually must use the probate process or a civil replevin/turnover action to recover sentimental personal property; do […]
Read article →Rhode Island: Enforcing or Disputing Oral Agreements to Divide Wrongful-Death Proceeds
How to enforce or dispute an oral agreement dividing wrongful death proceeds in Rhode Island Disclaimer: This is general information and not legal advice. For advice about a specific situation, consult a licensed Rhode Island attorney. Detailed answer Who controls a wrongful-death claim and its proceeds in Rhode Island? In Rhode Island, a wrongful-death action […]
Read article →How to Apply to Serve as Administrator of an Intestate Estate in Rhode Island
Detailed Answer Short answer: To apply to serve as administrator of your mother’s estate in Rhode Island when she died without a will (intestate), you file a petition with the local Probate Court where she lived, provide proof of death and family relationship, notify interested persons, and wait for the court to appoint you (possibly […]
Read article →Rhode Island: Do I Have to Post a Bond to Serve as an Administrator When There Is No Will?
Do I Have to Post a Bond to Serve as an Administrator in Rhode Island Probate? Short answer: Often the probate court requires the administrator of an intestate (no-will) estate to post a fiduciary bond, but beneficiaries can sometimes waive the bond in writing and the court can accept that waiver. The court, however, has […]
Read article →Selling an Estate House When a Co-Administrator Refuses to Sign — Rhode Island
Detailed Answer Quick summary: If an estate-owned house is facing foreclosure and one co-administrator refuses to sign to allow a sale, you can ask the Rhode Island Probate Court to authorize a sale, appoint a special administrator to sell, or remove/replace the refusing co-administrator. Because Rhode Island foreclosures proceed through the courts, you should act […]
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