Probate

Working through issues of the estate is often the last thing people want to focus on during times of grief. However, working with an experienced and supportive Rhode Island probate lawyer will ensure the proper steps are being taken to probate an estate in accordance with the decedent's wishes. Failing to do so often makes the stress of a loved one’s passing exponentially harder. Probate is a complicated and tedious process and I am here to guide you through.

What is Probate?

Probate is the legal process of proving a will and ensuring that all assets and possessions go to the appropriate heirs as the deceased intended.  Probate also occurs when there is no will and the probate court must decide who are the heirs and how to distribute the estate. 

While comprehensive estate planning does make the probate process go more smoothly, it does not always prevent an estate from being probated. Sometimes assets must be probated regardless of the plans in place. In Rhode Island, every town and city has its own probate court and probate judge. It is always a good idea to engage the services of a Rhode Island probate lawyer to support and assist the family in navigating the legal complexities of estate administration.

For smaller estates this process can take only a few weeks or months. For larger estates it can take longer. Independent of the size of the estate, the process may be delayed if someone contests the distribution and files a petition with the court. Further probate decisions can be appealed by parties involved, delaying the distribution of assets. It also exacerbates the emotional turmoil experienced by those who are grieving. 

I will guide you through the process in an informed and involved manner so you will feel confident that you are honoring your loved ones while giving effect to their intentions. 

Estate Disputes

The most common dispute that leads to estate or probate litigation is a will contest. While one hopes that families will come together during periods of grief, disputes over wills and estate plans are not uncommon and can occur for many reasons. 

Common reasons for will contests include:

• One heir believes another exerted influence or coercion to gain favor in the distribution of assets. 

• A party believes the deceased was not of sound mind when the will was created, leading to inappropriate or unfair guidelines for how assets are to be divided among heirs.

• The wording of the will is unclear or is out of date and doesn’t mention certain heirs or assets. 

With the help of a skilled Rhode Island probate lawyer, these probate disputes can often be resolved by delicately working out an agreement between the heirs. However, sometimes they require going to court.

With matters of probate disputes, moving quickly is not in your best interest.  I will take the time to do a comprehensive review of all matters pertaining to the estate. I will speak with all involved parties, review all documents and create a thoughtful and thorough plan to move forward. While it is everyone’s preference to resolve probate and estate issues outside of the courtroom, I am a skilled  and experienced litigator and will be prepared to bring the case to trial if necessary.

Probate Appeals

If you do not agree with a decision made by a probate court, you may be able to appeal it. Filing an appeal is a complicated process that must be done within 20 days of the execution of the order or decree by the probate judge. If you are considering appealing a probate decree, it is critical that you work with a Rhode Island probate lawyer who is familiar with the steps that must be taken within the timeline required.

Property and Vehicle Transfers

In Rhode Island, probate is the legal process used to transfer real estate and vehicle titles. This process can be time-consuming and unavoidable. There are different options available that can potentially bypass or simplify the probate process and working with a Rhode Island probate lawyer to review and understand what options may be available to you will pay off in the long run. 

Breach of Fiduciary Duty Issues

The fiduciary is the individual installed to ensure the best interest of the individual or estate they represent.  Common types of fiduciaries include the trustee of a trust, the personal representative of a will, a guardian, conservator or person with the power of attorney. 

A breach of fiduciary action can be filed if parties involved believe the fiduciary has not performed the duty fairly or honestly.  These cases can be very challenging and sensitive, especially when parties are related.

Fiduciary duty cases commonly involve:

• Mismanagement of funds or investments

• Failure to distribute assets to beneficiaries

• Self-dealing

• Fraud and embezzlement

• Conflicts of interest