Product Description

Recent updates:

• 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

• 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

Table of Contents

Chapter 1 expand

Intestacy and Administration

Buy Chapter

A. Larry Berren, Esq., The Berren Law Firm

Exhibit 1A

- Table of Consanguinity Buy Form

Chapter 2 expand

Probating the Will

Buy Chapter

Meaghan Kelly, Esq., Adler, Pollock & Sheehan, PC
Lynn E. Riley, Esq., Cameron & Mittleman LLP

Exhibit 2A

- Petition to Issue Citation for Delivery of Will (Form PC-10.5) Buy Form

Exhibit 2AA

- (Reserved)

Exhibit 2B

- Petition to Secure Concealed Will and Cite Respondent to Appear and Be Examined Under Oath(Form PC-10.5) Buy Form

Exhibit 2BB

- Affidavit to Waive Surety Buy Form

Exhibit 2C

- Petition to File Will with No Assets (Form PC-1.4) Buy Form

Exhibit 2CC

- Claim of Appeal (Form PC-9.3) Buy Form

Exhibit 2D

- Petition for Voluntary Informal Executor (Form PC-1.9) Buy Form

Exhibit 2DD

- Petition for Administration De Bonis Non (Form PC-1.2) Buy Form

Exhibit 2E

- Petition to Amend Voluntary Informal Executor Statement Buy Form

Exhibit 2EE

- Administration de Bonis Non cum Testamento Annex (Form PC-1.2) (Sample No. 2) Buy Form

Exhibit 2F

- Petition for Appointment of Custodian (Form PC-2.11) Buy Form

Exhibit 2FF

- Notice of Hearing Letter Buy Form

Exhibit 2G

- Attachment to Petition for Appointment of Custodian Buy Form

Exhibit 2GG

- Affidavit of Notice (Sample No. 2) Buy Form

Exhibit 2H

- Custodian’s Affidavit Buy Form

Exhibit 2HH

- Fiduciary Resignation (Form PC-1.7) Buy Form

Exhibit 2I

- Petition to Appoint Receiver (Form PC-2.13) Buy Form

Exhibit 2II

- Petition for Allowance of Foreign Will (Form PC-1.6) Buy Form

Exhibit 2J

- Affidavit of Domicile Buy Form

Exhibit 2JJ

- Petition for the Appointment of a Guardian ad Litem for Minor Beneficiaries Buy Form

Exhibit 2K

- Petition for Probate of Will (Form PC-1.5) Buy Form

Exhibit 2KK

- Proposed Order to Guardian ad Litem Petition Buy Form

Exhibit 2L

- Administration de Bonis Non cum Testamento Annexo (Form PC-1.2) (Sample No. 1) Buy Form

Exhibit 2M

- Affidavit of Subscribing Witness Buy Form

Exhibit 2N

- Self-Proving Affidavit Attached to Will Buy Form

Exhibit 2O

- Attorney of Record Form (Form PC 9.2) Buy Form

Exhibit 2P

- Appointment of Agent (Form PC-3.5) Buy Form

Exhibit 2Q

- Waiver (Form PC-9.1) Buy Form

Exhibit 2R

- Advertising (Form PC-9.1) Buy Form

Exhibit 2S

- Acceptance of Trust (Form PC-3.4) Buy Form

Exhibit 2T

- Notice of Hearing Letter Buy Form

Exhibit 2U

- Affidavit of Notice (Sample No. 1) Buy Form

Exhibit 2V

- Subpoena Duces Tecum (Form PC-5.3) Buy Form

Exhibit 2W

- Dedimus Potestatem (Form PC-10.9) Buy Form

Exhibit 2X

- Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A) Buy Form

Exhibit 2Y

- Universal Appointment Bond (with Corporate Surety) (Form PC-3.1B) Buy Form

Exhibit 2Z

- (Reserved)

Chapter 3 expand

Construction of Wills

Buy Chapter

Eric D. Correira, Esq., Correira Law

Chapter 4 expand

Personal Representatives’ Qualifications and Bonds

Buy Chapter

Kristin N. Matsko, Esq., Adler Pollock & Sheehan, P.C.

Exhibit 4A

- Form PC-3.4 (Acceptance/Declination) Buy Form

Exhibit 4B

- Form PC-3.5 (Appointment of Agent) Buy Form

Exhibit 4C

- Form PC-3.1A (Universal Appointment Bond—Corporate Surety Exempted) Buy Form

Exhibit 4D

- Form PC-3.1B (Universal Appointment Bond with Corporate Surety) Buy Form

Exhibit 4E

- Form PC-3.8 (Bond for Sale-Mortgage of Real Estate of Deceased Person) Buy Form

Exhibit 4F

- Form PC-5.2 (Petition to Render Inventory and/or Account) Buy Form

Chapter 5 expand

Inventory and Appraisal of Personal Estate

Buy Chapter

Paul A. Brule, Esq., Walsh, Brule & Nault, PC

Exhibit 5A

- Universal Appointment Bond—Corporate Surety Exempted (Form PC-3.1A) Buy Form

Exhibit 5B

- (Reserved)

Exhibit 5C

- Petition for Voluntary Informal Administration (Form PC-1.10) Buy Form

Exhibit 5D

- Petition for Voluntary Informal Executor (Form PC-1.9) Buy Form

Exhibit 5E

- Petition to Render Inventory and Account (Form PC-5.2) Buy Form

Exhibit 5F

- (Reserved)

Exhibit 5G

- Removal Petition (Form PC-1.8) Buy Form

Exhibit 5H

- Sample Universal Inventory—Probate Estate Buy Form

Exhibit 5I

- Petition to File Will with No Assets (Form PC-1.4) Buy Form

Exhibit 5J

- Universal Inventory—Guardianship Estate Sample No. 1 Buy Form

Exhibit 5K

- Sample Personal Property Appraisal—Jewelry Buy Form

Exhibit 5L

- Universal Inventory—Guardianship Estate Sample No. 2 Buy Form

Exhibit 5M

- Sample Universal Inventory—Amended Guardianship Estate Buy Form

Exhibit 5N

- Supplemental Inventory (Form PC-10.4) Buy Form

Chapter 6 expand

Disposition and Sale of Real Estate

Buy Chapter

Kenneth J. Rampino, Esq.,

Exhibit 6A

- Certificate of Devise or Descent (Form PC-10.6) Buy Form

Exhibit 6B

- Notice of Commencement of Probate (Form PC-9.9) Buy Form

Exhibit 6C

- Petition for Sale or Mortgage of Real Estate (Form PC-4.2) Buy Form

Exhibit 6D

- Form of Bond (Form PC-3.8) Buy Form

Exhibit 6E

- Guardian’s Deed Buy Form

Exhibit 6F

- Administrator’s Deed (Nonresident) Buy Form

Exhibit 6G

- Administrator’s Deed (Resident) Buy Form

Exhibit 6H

- Executor’s Deed Under Power of Sale Buy Form

Exhibit 6I

- Executor’s Deed Under License to Sell Buy Form

Chapter 7 expand

Debts, Charges, Claims, and Allowances

Buy Chapter

David J. Strachman, Esq.,

Chapter 8 expand

Estate Accounts

Buy Chapter

Hon. Cristine McBurney, McBurney Law Associates

Exhibit 8A

- Account (Form PC-7.1) Buy Form

Exhibit 8B

- Certification of Accounting (Form PC 7.2) Buy Form

Exhibit 8C

- General Release (Form PC-7.7) Buy Form

Exhibit 8D

- Affidavit of Complete Administration (Form PC-7.3) Buy Form

Exhibit 8E

- Certificate of Devise or Descent (Form PC-10.6) Buy Form

Exhibit 8F

- Affidavit of Notice to Creditors and the Executive Office of Health and Human Services Buy Form

Exhibit 8G

- Affidavit of No Real Property Buy Form

Chapter 9 expand

Guardianships and Conservatorships of Adults

Buy Chapter

Jennifer L. Olean, Esq., Sjoberg & Votta Law Offices

Exhibit 9A

- Form PC-2.3, Petition for Limited Guardianship or Guardianship Buy Form

Exhibit 9B

- Form PC-2.5, Decision-Making Assessment Tool Buy Form

Exhibit 9C

- Form PC-2.4, Notice Buy Form

Exhibit 9D

- Form PC-2.1, Temporary Guardianship Buy Form

Exhibit 9E

- Form PC-2.8, Annual Status Report Buy Form

Exhibit 9F

- Form PC-2.10, Conservatorship Petition Buy Form

Chapter 10 expand

Probate Litigation

Buy Chapter

Mark A. Sjoberg, Esq.,

Exhibit 10A

- Statewide Forms Buy Form

Exhibit 10B

- Order (Form PC-10.12) Buy Form

Exhibit 10C

- Claim of Appeal (Form PC-9.3) Buy Form

Exhibit 10D

- Reasons of Appeal Buy Form

Exhibit 10E

- Affidavit in Proof of Docketing Probate Appeal Buy Form

Exhibit 10F

- Notice of Probate Appeal Buy Form

Exhibit 10G

- Certificate of Notice of Probate Appeal Buy Form

Exhibit 10H

- Entry of Appearance Buy Form

Exhibit 10I

- Motion to Intervene Buy Form

Editor(s)

Author(s)