A Practical Guide to Probate in Rhode Island
Your one-stop authority for Rhode Island probate practice
- Product Number: 2110001B00
- Publication Date: 3/25/2022
- Edition: 2nd Edition 2020, with 2022 Supplement
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
This comprehensive one-volume resource is a practical guide to the challenges of probate practice in Rhode Island. The book's editors, the Honorable Marvin Homonoff and Mark Sjoberg, have assembled an outstanding roster of Rhode Island practitioners to guide you through each step in the process. Time-tested tips and guidance from the book's authors are further illustrated by dozens of forms and exhibits. Throughout the process, from initial steps in handling a will or intestate estate through accounting, disposition of real estate, and any probate litigation that may arise, A Practical Guide to Probate in Rhode Island is an indispensable resource for Rhode Island attorneys handling probate matters.
Recent updates:
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Update: March 2022
Dear Subscriber:
Thank you for updating your library with the 2022 supplement to A Practical Guide to Probate in Rhode Island . This latest version of the book brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.
Highlights from the developments reflected in this supplement include the following:
- additional detail on the provisions of R.I.G.L. ¶ 8-9-22 (concerning presumption of death from a disaster at sea);
- extensive updates to Probate Court forms and related information;
- an inadvertent failure to elect a right of survivorship on a joint bank account;
- a 2022 decision upholding the admission of a will to probate even though one of the two required witness signatures was supplied by the person notarizing the will;
- additional information on the standards applied by the Probate Court in establishing the amount of a bond or determining that the amount should be revised;
- a determination that a signed warranty deed was invalid due to a failure of delivery and acceptance;
- aspects of real estate transactions that, when conducted by a nonattorney, may be considered the unauthorized practice of law;
- the treatment of the right of survivorship in a joint tenancy when a petition for partition is pending at the time of a joint tenant's death;
- circumstances under which, notwithstanding an ambiguity in the will, a claimant will be found to have "failed to act as a reasonably prudent person" in making a claim against the estate;
- a 25 percent reduction in a fee award against a pro se litigant notwithstanding the discretion normally accorded to the trial court;
- the lack of standing of a trust beneficiary as administrator of an estate to request an accounting of the decedent's inter vivos trust; and
- the requirements for perfecting a probate appeal to the Superior Court, in particular the request for a certified copy of the claim of appeal and the payment of requested fees to the court clerk's office.
We trust you will find the 2022 supplement to A Practical Guide to Probate in Rhode Island a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, MCLE Publications Attorney
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Update: March 2020
Dear Subscriber:
Thank you for updating your library with the 2020 edition of A Practical Guide to Probate in Rhode Island . This latest version of the book brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.
Highlights from the developments reflected in this edition include the following:
- a 2018 amendment to the Rhode Island General Laws expressly limiting real estate subject to a surviving spouse's elective share to property "titled in the name of the decedent individually at the time of the decedent's death";
- proceedings to secure a retained or concealed will;
- appointment of a resident agent for an out-of-state executor or custodian;
- case law on the recognition of common-law marriages;
- procedures for setting bond for executors, administrators, and guardians;
- a Rhode Island Supreme Court opinion remanding a will contest for further fact-finding on the testator's intent to leave a $2 million bequest to his ex-spouse;
- recent changes in Medicaid lien collection practices, in particular by the Executive Office of Health and Human Services and the courts;
- an increase in the cap on guardian ad litem fees;
- new legislation requiring a nationwide criminal records check for persons applying to be appointed as a guardian;
- a guardian's responsibility to notify close relatives and others regarding changes in the ward’s circumstances;
- regulation of communication and visitation with a ward;
- removal of a guardian who improperly isolates a ward; and
- dozens of new and updated forms used in Rhode Island probate practice.
We trust you will find the 2020 edition of A Practical Guide to Probate in Rhode Island a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, MCLE Publications Attorney
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Update: March 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandChapter 2 expandProbating the Will
Buy ChapterExhibit 2A
- Petition to Issue Citation for Delivery of Will (Form PC-10.5) Buy FormExhibit 2AA
- (Reserved)Exhibit 2B
- Petition to Secure Concealed Will and Cite Respondent to Appear and Be Examined Under Oath(Form PC-10.5) Buy FormExhibit 2BB
- Affidavit to Waive Surety Buy FormExhibit 2C
- Petition to File Will with No Assets (Form PC-1.4) Buy FormExhibit 2CC
- Claim of Appeal (Form PC-9.3) Buy FormExhibit 2D
- Petition for Voluntary Informal Executor (Form PC-1.9) Buy FormExhibit 2DD
- Petition for Administration De Bonis Non (Form PC-1.2) Buy FormExhibit 2E
- Petition to Amend Voluntary Informal Executor Statement Buy FormExhibit 2EE
- Administration de Bonis Non cum Testamento Annex (Form PC-1.2) (Sample No. 2) Buy FormExhibit 2F
- Petition for Appointment of Custodian (Form PC-2.11) Buy FormExhibit 2FF
- Notice of Hearing Letter Buy FormExhibit 2G
- Attachment to Petition for Appointment of Custodian Buy FormExhibit 2GG
- Affidavit of Notice (Sample No. 2) Buy FormExhibit 2H
- Custodian’s Affidavit Buy FormExhibit 2HH
- Fiduciary Resignation (Form PC-1.7) Buy FormExhibit 2I
- Petition to Appoint Receiver (Form PC-2.13) Buy FormExhibit 2II
- Petition for Allowance of Foreign Will (Form PC-1.6) Buy FormExhibit 2J
- Affidavit of Domicile Buy FormExhibit 2JJ
- Petition for the Appointment of a Guardian ad Litem for Minor Beneficiaries Buy FormExhibit 2K
- Petition for Probate of Will (Form PC-1.5) Buy FormExhibit 2KK
- Proposed Order to Guardian ad Litem Petition Buy FormExhibit 2L
- Administration de Bonis Non cum Testamento Annexo (Form PC-1.2) (Sample No. 1) Buy FormExhibit 2M
- Affidavit of Subscribing Witness Buy FormExhibit 2N
- Self-Proving Affidavit Attached to Will Buy FormExhibit 2O
- Attorney of Record Form (Form PC 9.2) Buy FormExhibit 2P
- Appointment of Agent (Form PC-3.5) Buy FormExhibit 2Q
- Waiver (Form PC-9.1) Buy FormExhibit 2R
- Advertising (Form PC-9.1) Buy FormExhibit 2S
- Acceptance of Trust (Form PC-3.4) Buy FormExhibit 2T
- Notice of Hearing Letter Buy FormExhibit 2U
- Affidavit of Notice (Sample No. 1) Buy FormExhibit 2V
- Subpoena Duces Tecum (Form PC-5.3) Buy FormExhibit 2W
- Dedimus Potestatem (Form PC-10.9) Buy FormExhibit 2X
- Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A) Buy FormExhibit 2Y
- Universal Appointment Bond (with Corporate Surety) (Form PC-3.1B) Buy FormExhibit 2Z
- (Reserved)Chapter 3 expandConstruction of Wills
Buy ChapterChapter 4 expandPersonal Representatives’ Qualifications and Bonds
Buy ChapterExhibit 4A
- Form PC-3.4 (Acceptance/Declination) Buy FormExhibit 4B
- Form PC-3.5 (Appointment of Agent) Buy FormExhibit 4C
- Form PC-3.1A (Universal Appointment Bond—Corporate Surety Exempted) Buy FormExhibit 4D
- Form PC-3.1B (Universal Appointment Bond with Corporate Surety) Buy FormExhibit 4E
- Form PC-3.8 (Bond for Sale-Mortgage of Real Estate of Deceased Person) Buy FormExhibit 4F
- Form PC-5.2 (Petition to Render Inventory and/or Account) Buy FormChapter 5 expandInventory and Appraisal of Personal Estate
Buy ChapterExhibit 5A
- Universal Appointment Bond—Corporate Surety Exempted (Form PC-3.1A) Buy FormExhibit 5B
- (Reserved)Exhibit 5C
- Petition for Voluntary Informal Administration (Form PC-1.10) Buy FormExhibit 5D
- Petition for Voluntary Informal Executor (Form PC-1.9) Buy FormExhibit 5E
- Petition to Render Inventory and Account (Form PC-5.2) Buy FormExhibit 5F
- (Reserved)Exhibit 5G
- Removal Petition (Form PC-1.8) Buy FormExhibit 5H
- Sample Universal Inventory—Probate Estate Buy FormExhibit 5I
- Petition to File Will with No Assets (Form PC-1.4) Buy FormExhibit 5J
- Universal Inventory—Guardianship Estate Sample No. 1 Buy FormExhibit 5K
- Sample Personal Property Appraisal—Jewelry Buy FormExhibit 5L
- Universal Inventory—Guardianship Estate Sample No. 2 Buy FormExhibit 5M
- Sample Universal Inventory—Amended Guardianship Estate Buy FormExhibit 5N
- Supplemental Inventory (Form PC-10.4) Buy FormChapter 6 expandDisposition and Sale of Real Estate
Buy ChapterExhibit 6A
- Certificate of Devise or Descent (Form PC-10.6) Buy FormExhibit 6B
- Notice of Commencement of Probate (Form PC-9.9) Buy FormExhibit 6C
- Petition for Sale or Mortgage of Real Estate (Form PC-4.2) Buy FormExhibit 6D
- Form of Bond (Form PC-3.8) Buy FormExhibit 6E
- Guardian’s Deed Buy FormExhibit 6F
- Administrator’s Deed (Nonresident) Buy FormExhibit 6G
- Administrator’s Deed (Resident) Buy FormExhibit 6H
- Executor’s Deed Under Power of Sale Buy FormExhibit 6I
- Executor’s Deed Under License to Sell Buy FormChapter 7 expandDebts, Charges, Claims, and Allowances
Buy ChapterChapter 8 expandEstate Accounts
Buy ChapterExhibit 8A
- Account (Form PC-7.1) Buy FormExhibit 8B
- Certification of Accounting (Form PC 7.2) Buy FormExhibit 8C
- General Release (Form PC-7.7) Buy FormExhibit 8D
- Affidavit of Complete Administration (Form PC-7.3) Buy FormExhibit 8E
- Certificate of Devise or Descent (Form PC-10.6) Buy FormExhibit 8F
- Affidavit of Notice to Creditors and the Executive Office of Health and Human Services Buy FormExhibit 8G
- Affidavit of No Real Property Buy FormChapter 9 expandGuardianships and Conservatorships of Adults
Buy ChapterExhibit 9A
- Form PC-2.3, Petition for Limited Guardianship or Guardianship Buy FormExhibit 9B
- Form PC-2.5, Decision-Making Assessment Tool Buy FormExhibit 9C
- Form PC-2.4, Notice Buy FormExhibit 9D
- Form PC-2.1, Temporary Guardianship Buy FormExhibit 9E
- Form PC-2.8, Annual Status Report Buy FormExhibit 9F
- Form PC-2.10, Conservatorship Petition Buy FormChapter 10 expandProbate Litigation
Buy ChapterExhibit 10A
- Statewide Forms Buy FormExhibit 10B
- Order (Form PC-10.12) Buy FormExhibit 10C
- Claim of Appeal (Form PC-9.3) Buy FormExhibit 10D
- Reasons of Appeal Buy FormExhibit 10E
- Affidavit in Proof of Docketing Probate Appeal Buy FormExhibit 10F
- Notice of Probate Appeal Buy FormExhibit 10G
- Certificate of Notice of Probate Appeal Buy FormExhibit 10H
- Entry of Appearance Buy FormExhibit 10I
- Motion to Intervene Buy Form - Editors & Authors