Understanding Rhode Island Probate

Summary

In Rhode Island, a will typically needs to go through probate for access. Joint agreements may allow assets to pass directly to a surviving spouse. If you suspect wrongdoing, filing a suit could compel will production through legal discovery. Consulting a lawyer can provide guidance. If you have concerns about online impersonation, it may lead to criminal charges or civil lawsuits. Consider reporting to the platform or seeking legal advice.

Full Conversation

I have a question about my father's will. He died in *, about a year ago.
I'm sorry to hear about your father's passing. I can provide some general information about wills in Rhode Island. Could you let me know if there are any specific concerns or issues with the will that you'd like to address?
Hmmm... It is a tricky situation. My parents divorced many years ago, he got remarried to a woman with * kids from a previous failed marriage. The household was similar to the Brady Bunch in some respects. That is basic background info for my question.
Thanks for sharing the background, Mr. Smith. Could you let me know if there are any particular concerns or disputes regarding the will? For example, are there issues about inheritance distribution or beneficiaries that need clarity?
The relationship between my two blood siblings and our father's new wife was never the greatest, truth be told. She is still alive. Upon his passing all of his assets were passed to her, although that is conjecture, I have never seen his will. I think they had some kind of joint agreement that whoever outlives the other one would receive all assets, although that is more conjecture on my part.
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In Rhode Island, if your father had a will, it should have been submitted to probate court. Here are a few points to consider:
- You have the right to request a copy of the will from the probate court.
- Joint agreements like "right of survivorship" could indeed allow assets to pass directly to the surviving spouse.
- If you suspect any wrongdoing, you may consider contesting the will or the estate distribution.
Would you like more information on how to proceed with these options?
Well this brings me to my question (or questions). If his assets were automatically passed to our stepmother, would the will even have to go to probate at all?
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In Rhode Island, even if assets automatically pass to a surviving spouse due to joint agreements, the will may still need to go through probate for other aspects of the estate. Probate ensures proper legal processes are followed for all assets. Have you checked with the probate court for a copy of the will?
No, this is the first I've even brought myself to care at all. I knew that my siblings and I would be written out of the picture, so I can't say I am surprised about what happened. That said, there are a few unanswered questions that are in need of attention.
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It sounds like you have some valid concerns about the distribution of your father's assets. Here are a few things to consider:
- You can request a copy of the will from the probate court to understand its contents.
- If assets were jointly owned or had a right of survivorship, they might pass directly to your stepmother.
- If you suspect any wrongdoing, you may consider contesting the estate distribution.
Have you thought about speaking with a lawyer to explore these options further?
I have already come to terms with all of his assets being passed to our stepmother, that is pretty much what happened. If that is the case then I don't suppose there is much I can do except accept reality.
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It sounds like you're coming to terms with the situation, but if there are any lingering doubts or questions, you might consider requesting a copy of the will or consulting with a lawyer for clarity. Let me know if you need more information on how to proceed.
One of the questions I have has to do with the possibility that his will may have been changed or updated at certain points along the way. If there was another will that existed prior to his death, would I have access to that as well?
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In Rhode Island, you typically have the right to access a deceased person's previous wills if they were submitted to probate court. You can request copies from the probate court where the will was filed. If the will wasn't submitted, it may be challenging to access earlier versions.
I don't even know if his final will was submitted to probate, let alone previous versions.
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If you're unsure whether your father's final will was submitted to probate, you can start by contacting the probate court in the area where he lived. They can confirm if a will was filed and provide access to it. Would you like guidance on how to contact the probate court?
No, I think I can just make a call to the town hall where probate court meets, but I really don't think it has gone through probate due to all of his assets being automatically handed to our stepmother. Why would probate have to be involved in an arrangement like that?
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In Rhode Island, even if assets automatically pass to a surviving spouse due to joint ownership or right of survivorship, probate may still be necessary for other estate aspects. Probate ensures legal processes are followed for all assets, not just those passing directly. If you have more questions, feel free to ask!
Right, but I have no reason to suspect that all of my father's assets did not pass directly to his wife. If that were not the case then I would have been contacted for a reading of the will, correct?
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In Rhode Island, if a will exists, it should typically be submitted to probate court. You would be contacted if the will named you as a beneficiary or if there were disputes. If you're curious, checking with the probate court for the will's status might provide clarity. If you have more questions, feel free to ask!
And my not having been contacted is why I do not believe the will has gone to probate. In any event, I have every reason to suspect that his wife is planning to leave every remaining asset to her kids and nothing to my and my siblings. As much as I do not think my father would have liked to see that happen, I don't believe there is much I can do about it.
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It seems like you're dealing with a difficult family and estate situation. If you're concerned about the distribution of assets and the possibility of a will being changed, here are a few things to consider:
- You have the right to request the will from the probate court to verify its contents.
- If you suspect any wrongdoing, you may consider contesting the estate distribution.
If you have further questions or need additional information, feel free to ask.
It's not exactly fair, but I don't know if it can be considered wrongdoing, if she is the survivor with control over all of their previously shared assets. I don't think probate is going to be of any assistance because the will has not gone through probate.
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It sounds like a challenging situation, especially with family dynamics involved. Since your stepmother automatically received assets, the will might not have gone through probate. You can still check with the probate court to confirm if the will was filed. If you suspect any wrongdoing, consulting with a lawyer might be beneficial. Would you like more information on how to proceed with these options?
Is it within my rights to request a copy of the will even if it has not gone through probate?
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In Rhode Island, if a will has not gone through probate, accessing a copy may be challenging. However, you can inquire with the probate court about any filings related to the estate. If the will was filed, you have the right to request a copy. If you have further concerns, feel free to ask!
So the answer is no, a will must have gone through probate in order for me to see a copy of it.
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Yes, in Rhode Island, a will generally needs to go through probate for you to access a copy. It might be worth checking with the probate court to see if there are any filings. If you have more questions or concerns, feel free to reach out!
What if I were to file suit under suspicion of wrongdoing? Could I compel production of a copy of the will?
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In Rhode Island, if you suspect wrongdoing and file a suit, you may be able to compel production of the will through legal discovery. Consulting with a lawyer can provide guidance on the process and help determine the merits of your case. Would you like to explore this option further?
It may be important to do this before our stepmother dies. Her health is pretty good but she's no spring chicken.
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It sounds like you have valid concerns about accessing the will and potentially contesting asset distribution. Here are some points to consider:
- If you suspect wrongdoing, filing a suit may help you access the will through legal discovery.
- Consulting with a lawyer can provide guidance on this process.
Would you like more information on how to find a lawyer who can assist you?
No, I am already a pro se litigant in another legal mess concerning my siblings and breach of fiduciary duty by the trustee. That situation concerns our mother's passing in *. It has been going on for years, I'm starting to feel like I have a law degree.
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It seems like you're navigating quite a complex situation involving your father's estate and potential concerns about asset distribution. Since you're already handling another legal matter pro se, you might have the skills to pursue this further if you suspect any wrongdoing. If you have more questions about your father's will or the process, feel free to ask!
I guess a good place to start is to find out if my father's will has gone through probate, although I would be extremely surprised if it did.
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It seems like you're quite familiar with the legal process, given your experience with another legal matter. Checking with the probate court to see if your father's will was filed is a practical first step. If you have any specific questions about this process, feel free to ask!
I've had to learn of the fly, as the saying goes. Some of my questions have to do with the nature of his passing. He may have been the victim of non voluntary euthanasia. I know for a fact that my mother was, although it would be difficult to prove. My father's health and cognitive abilities had been in steady decline for at least a year before he died. The same is true of my mother, although with her it was more like *-4 years.
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It sounds like there are potentially serious concerns regarding the circumstances of your parents' passing. Would you like to be connected to local lawyers who can better assist you with your case?
There are no lawyers anywhere around who will touch this case, it is too messy. I have made many inquiries and they all come up with the same old "conflict of interest" excuse, or some other pretext. I did have an attorney for a while, but he was based in Providence and turned out to be a shyster who only wanted to rip me off. That is what prompted me to go about things pro se.
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It sounds like you're dealing with complex estate and family issues, along with concerns about your parents' passing. Since you're already handling your legal matters, it seems you're well-prepared. If you have other questions or need more information, feel free to ask!
I'm doing what I can, but it has been a lonely struggle.. I guess that's about it for now, thanks for your help.
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It seems like you're handling a challenging situation involving your father's estate and potential family dynamics, alongside the complexities of your mother's estate. Since you have experience with legal matters and are proceeding pro se, you might be well-equipped to continue navigating these issues. If you have further questions or need more guidance, feel free to reach out.
Hmm.. I have another question about a different matter.
Sure, feel free to ask your question, and I'll do my best to provide helpful information!
What is the penalty for impersonating another person on the internet, i.e., social media?
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In Rhode Island, penalties for impersonating someone online can vary, but generally include:
- Criminal charges such as identity theft or fraud.
- Fines and possible imprisonment, depending on the severity.
- Civil lawsuits for damages caused to the impersonated person.
Do you have any specific concerns related to this issue?
Yes it has to do with my father again. I was essentially banned from having any contact with him for *-3 years up to his death. I tried to contact him via social media but that effort proved futile because I do not think he was using his account anymore. It was still active, so I suspect his wife was intercepting my messages to him.
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It seems you're dealing with a sensitive issue involving potential online impersonation. Here are some points to consider:
- If you suspect someone was impersonating your father or intercepting communications, you may have grounds to investigate.
- You can report such activities to the social media platform and, if necessary, pursue legal action.
If you have more questions or need further guidance, feel free to ask!
My question has to do with the severity of the infraction. I would imagine that kind of thing happens quite often with the perpetrators rarely being punished.
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In Rhode Island, online impersonation can lead to serious consequences:
- Criminal charges, including identity theft or fraud, may apply.
- Civil lawsuits for damages.
- Fines and possible imprisonment, depending on severity.
If you suspect wrongdoing, reporting it to the platform or consulting legal guidance may help. If you need more information, just let me know!
I don't know if it is an egregious crime in and of itself, but it may provide additional material for a lawsuit that will involve other matters. Call it a "wedge" issue.
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Given the complexity of the estate and family dynamics, as well as the potential issue of online impersonation, it appears there are multiple angles to consider. If you feel these issues might strengthen a broader legal matter, it could be worth exploring further.
If you have any more questions or need additional guidance, feel free to ask!
Okay, first thing tomorrow. I need to get some more sleep right now. Thanks again & ttyl :)
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It looks like you're dealing with intricate family and legal matters. If you ever need more guidance or have further questions, feel free to reach out. Have a good rest!