An executor or personal representative is a fiduciary tasked with estate administration. The term fiduciary refers to an individual in a position of authority and trust. They have an obligation to act in the best interests of estate beneficiaries. That fiduciary duty...
PROVEN IN AND OUT OF THE COURTROOM
Estate Planning
Will contests: Who can file and reasons to file
In Rhode Island, the probate process includes mechanisms to challenge the validity of a will through a will contest. This legal procedure ensures that a deceased creator’s testamentary document reflects their true intentions. Will contests safeguard against potential...
What should you know about trusts in an estate plan?
Navigating the complexities of estate planning can be a daunting task. From designating beneficiaries to organizing your assets, each decision holds weight. One critical element that often arises in the process is the choice between a revocable and an irrevocable...
What happens to an estate’s debts?
An individual is likely to be navigating some level of debt when they pass away. For example, maybe an individual owns their home and owes property taxes. Maybe they haven’t paid their income taxes for the year. Perhaps they’ve been using their credit card for daily...
3 times people may want to remove an executor from their role
The executor or personal representative of an estate in Rhode Island is entrusted with a great deal of work. It will typically be their responsibility to secure the property of the deceased individual and to communicate with interested parties, including creditors and...
How to locate missing heirs
Every family is unique, and that means every family can have uniquely different problems and conflicts. Sometimes those problems or conflicts can cause family members to drift apart, fall out and lose touch entirely – and that can be a major difficulty when it comes...
If you get married, can you just avoid creating an estate plan?
Adults in Rhode Island, as throughout the rest of the country, often make an effort to avoid estate planning. People tend to view the process of thinking about their deaths or medical dependence as very unpleasant and would prefer to delay it as long as possible. Some...
Can you trust the trustee? Signs a trustee has gone rogue
Your parents left you significant holdings in a trust, with rules about how the money is supposed to be doled out over time – none of which trouble you much. What does trouble you, however, is the trustee they’ve chosen. Maybe the trustee is a relative, or maybe...
What impact will debts have on probate proceedings?
When someone dies in Rhode Island, most of their belongings become the property of their estate until the estate has gone through probate court. The beneficiaries of the estate will have to wait for access to or control over valuable property until the estate has...
Did your sibling manipulate the estate plan to their benefit?
You may have felt a sense of relief when your sibling said that your mother could move in after she fell or that they would stay with your father because of his declining health. Knowing that a family member was there may have made you feel like your parent received...
