What Notice Requirements Apply for Notifying Creditors, Including Medical Debt Collectors, in Rhode Island Probate?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Statutes Governing Creditor Notice In Rhode Island probate, the personal representative must follow notice rules set out in the Rhode Island Probate Code. Under R.I. Gen. Laws § 33-15-1, the representative must publish notice to creditors and mail notice […]
Read article →How Can a Potential Heir Be Appointed as Administrator When the Decedent Left No Will in Rhode Island?
Detailed Answer When someone dies without a valid will (intestate), the Rhode Island Probate Court appoints an administrator to manage the estate. Under R.I. Gen. Laws. § 33-15-1[33-15-1], an “administrator” handles asset collection, debt payment, and distribution to heirs. A potential heir can become administrator by following these steps: Identify Eligible Heirs: Review R.I. Gen. […]
Read article →What documentation is needed to freeze or secure a decedent’s bank accounts in RI when co-heirs refuse to cooperate?
Disclaimer: This article provides general information under Rhode Island law and does not constitute legal advice. Detailed Answer When a decedent’s bank accounts need securing and co-heirs refuse to cooperate, the appointed fiduciary (executor or administrator) must obtain certain court-issued documents. Following these steps helps ensure banks legally freeze or transfer funds to the estate’s […]
Read article →How are real property and personal assets identified, inventoried, and distributed under intestacy law in RI?
Intestacy Property Distribution in Rhode Island Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Identifying and Inventorying Assets When a person dies without a will in Rhode Island, the court appoints a personal representative (also called an administrator). That fiduciary must locate, identify, and value all […]
Read article →What Options Exist to Secure Missing Estate Documents from Uncooperative Institutions in RI
Disclaimer: This article is for informational purposes and does not constitute legal advice. How to Secure Missing Estate Documents in Rhode Island Detailed Answer When someone passes away in Rhode Island, the personal representative (also called executor or administrator) must locate and gather all estate documents, such as wills, deeds, and financial records. Sometimes banks, […]
Read article →What type of deed should heirs sign to convey their interests in property in another jurisdiction under Rhode Island law, and how is it recorded?
Detailed Answer When heirs inherit real estate located outside Rhode Island, they need a clear, simple conveyance to transfer their interests. Under Rhode Island law, the most common instrument is a quitclaim deed. A quitclaim deed transfers whatever interest the grantor (each heir) has in the property without warranties. R.I. Gen. Laws § 34-10-1 1. […]
Read article →How Can Clients Verify Creditor Notice Requirements Were Satisfied in a Rhode Island Estate to Rely on the Two-Year Rule?
Detailed Answer Under Rhode Island law, the two-year bar on creditor claims begins when the executor or administrator is granted letters testamentary or of administration. To invoke this rule, the estate must satisfy statutory notice requirements. Creditors must receive notice in two ways: Published Notice: The fiduciary must publish a notice once a week for […]
Read article →Should a Personal Representative Open an Estate Account in Rhode Island?
Detailed Answer In Rhode Island, a personal representative (executor or administrator) has a fiduciary duty to collect, preserve, and distribute estate assets in accordance with R.I. Gen. Laws § 33-23-7 and related probate statutes. Although no statute explicitly mandates opening a dedicated bank account for estate funds, Rhode Island Probate Court practice strongly encourages using […]
Read article →What Steps Are Needed to Bring Real Property into the Estate in Rhode Island to Pay Claims?
Disclaimer: This article provides general information about Rhode Island probate procedures. It is not legal advice. Detailed Answer Step 1: Initiate Probate Proceedings If a decedent owned real estate solely in their name, you must open a probate case in Rhode Island Superior Court’s Probate Division or District Court where the property is located. File […]
Read article →Can I seek reimbursement from the estate for paying the funeral bill? (RI)
Detailed Answer Under Rhode Island law, funeral and burial expenses are treated as priority claims against a decedent’s estate. R.I. Gen. Laws § 33-14-1 requires the personal representative to pay “expenses of last illness, funeral, and burial” before unsecured creditors. If you paid funeral costs out of pocket, you may seek reimbursement by filing a […]
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