Product Description

Recent updates:

• Update: April 2025

  Dear Subscriber:

  Thank you for updating your library with the 2025 edition 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 issues reflected in this edition include the following:

  • the life estate provided under R.I.G.L. § 33-1-5 as a benefit to the surviving spouse when the decedent dies without issue;

  • enactment of the Rhode Island Uniform Parentage Act, which sets forth provisions on parentage, genetic testing, surrogacy agreements, and assisted reproduction;

  • a 2024 decision of the Rhode Island Supreme Court affirming that paternity must be proved by clear and convincing evidence;

  • procedures for establishing that an individual is a child's de facto parent;

  • a Rhode Island Supreme Court decision reaffirming that having a claim against the estate does not disqualify the claimant from serving as the executor;

  • application of the illusory transfer test to a trustee's renunciation of power to reconvey property held in trust;

  • use of legal fees to defend an estate from fraudulent claims;

  • subject matter jurisdiction as an "indispensable ingredient" of any judicial proceeding;

  • appointment of guardians for persons who are partially incapacitated; and

  • a 25 percent reduction in a fee award against a pro se litigant notwithstanding the discretion normally accorded to the trial court;

  • updates to court forms and additional detail for case law and statutory citations.

  We trust you will find the 2025 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.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

The New Hampshire Judicial Branch Family Division

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Gina B. Belmont, Esq., New Hampshire Circuit Court Family Division

Chapter 02 expand

Initial Client Interview and Starting an Action for Divorce

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William E. Brennan, Esq., Brennan Lenehan Iacopino & Hickey
Kathleen A. Hickey, Esq., Brennan Lenehan Iacopino & Hickey

Chapter 03 expand

Dispute Resolution Alternatives

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Karen J. Borgstrom, Esq., Dartmouth-Hitchcock Medical Center
James V. Ferro, Jr., Esq., Ferro Law & Mediation Group, PLLC

Exhibit 3A

- New Hampshire Rev. Stat. Ann. § 542:11: Arbitration of Domestic Relations Cases Buy Form

Exhibit 3B

- New Hampshire Rev. Stat. Ann. § 328 C: Marital Mediators Buy Form

Exhibit 3C

- N.H. Sup. Ct. R. 48-B: Family Mediator Fees Buy Form

Chapter 04 expand

Collaborative Family Law

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Catherine P. McKay, Esq., Parnell, Michels & McKay PLLC

Exhibit 4A

- Sample Collaborative Family Law Participation Agreement Buy Form

Chapter 05 expand

Motion Practice for Temporary Orders

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Carolyn S. Garvey, Esq., Douglas, Leonard & Garvey, PC

Exhibit 5A

- Uniform Support Order Buy Form

Exhibit 5B

- Uniform Alimony Order Buy Form

Chapter 06 expand

Financial Affidavits

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Judith A. Fairclough, Esq., Orr & Reno, PA
Meredith Farrell Goldstein, Esq., Orr & Reno, PA

Exhibit 6A

- N.H. Fam. Div. R. 2.16—Financial Affidavits Buy Form

Exhibit 6B

- N.H. Rev. Stat. Ann. § 458:15-b—Financial Affidavit Buy Form

Exhibit 6C

- Asset Summary Buy Form

Chapter 07 expand

Discovery

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Jeanmarie Papelian, Esq.,

Exhibit 7A

- Checklist for Rule 1.25-A Mandatory Disclosure Buy Form

Exhibit 7B

- Sample Privilege Log Buy Form

Exhibit 7C

- New Hampshire Bar Association Litigation Guidelines Buy Form

Exhibit 7D

- Confidentiality Stipulation Buy Form

Chapter 08 expand

Division of Marital Estate

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R. David DePuy, Esq.,

Chapter 09 expand

Alimony

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David Tencza, Esq., McLane Middleton

Chapter 10 expand

Child Support

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Laura M. Dudziak, Esq., Law Office of Jannette Mooney PLLC

Chapter 11 expand

Issues Relating to Children

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Laura M. Dudziak, Esq., Law Office of Jannette Mooney PLLC

Chapter 12 expand

Pretrial Hearings

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Helen G. Honorow, Esq., Barry & Honorow, PLLC

Exhibit 12A

- Scheduling Conference Order Buy Form

Chapter 13 expand

Valuation

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Richard J. Maloney, Esq., Maloney & Kennedy, PLLC

Chapter 14 expand

Expert Testimony in Domestic Relations Cases

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Chapter 15 expand

Retirement Assets

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John E. Rich, Jr., Esq.,

Chapter 16 expand

Trial Practice Techniques

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Kevin P. Rauseo, Esq., NH/Superior Court/Hillsborough County Southern District
Hon. Charles S. Temple, Hillsborough County Superior Court-South

Chapter 17 expand

Selected Evidentiary Issues in Domestic Relations Trials

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Petar M. Leonard, Esq., Orr & Reno, PA

Chapter 18 expand

Posttrial Motions and Appellate Procedures

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Doreen F. Connor, Esq., Primmer Piper Eggleston & Cramer, PC

Exhibit 18A

- Rule 7 Notice of Mandatory Appeal Form and Instructions Buy Form

Exhibit 18B

- Rule 7 Notice of Discretionary Appeal Form and Instructions Buy Form

Exhibit 18C

- New Hampshire Supreme Court Judicial Performance Standards Buy Form

Chapter 19 expand

Modification

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Catherine P. McKay, Esq., Parnell, Michels & McKay PLLC

Chapter 20 expand

Contempt

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Catherine A. Feeney, Esq., Feeney Law Offices

Chapter 21 expand

Tax Considerations

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Beth L. Fowler, Esq., McLane Middleton

Chapter 22 expand

Prenuptial and Postnuptial Agreements

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Judith A. Fairclough, Esq., Orr & Reno, PA

Exhibit 22A

- Asset Disclosure Buy Form

Exhibit 22B

- Statement Buy Form

Exhibit 22C

- Certificate of Counsel Buy Form

Exhibit 22D

- Prenuptial Agreement Questionnaire Buy Form

Chapter 23 expand

Health Insurance

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Jacqueline A. Botchman, Esq., McLane Middleton

Exhibit 23A

- Recommended Sample Language for “Health Insurance” Section of the Final Decree Buy Form

Chapter 24 expand

Representing Victims of Domestic Violence

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Hon. Charles L. Greenhalgh, Brentwood Family Division

Exhibit 24A

- Domestic Violence Petition Buy Form

Exhibit 24B

- Letter to Pro Se Plaintiff Buy Form

Chapter 25 expand

The Guardian ad Litem

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Hon. Michael Alfano,

Exhibit 25A

- Motion for Appointment of Guardian ad Litem Buy Form

Exhibit 25B

- GAL Appointment Form Buy Form

Exhibit 25C

- Sample GAL Stipulations Buy Form

Exhibit 25D

- Motion to Exceed Buy Form

Exhibit 25E

- Motion to Extend Deadlines Buy Form

Exhibit 25F

- Motion to Withdraw Buy Form

Exhibit 25G

- Motion of Guardian ad Litem for Instructions Buy Form

Exhibit 25H

- Introductory Letter to Parties/Counsel Buy Form

Exhibit 25I

- GAL Questionnaire Buy Form

Exhibit 25J

- General GAL Authorization Buy Form

Exhibit 25K

- Medical Authorization Buy Form

Exhibit 25L

- Police Records Authorization Buy Form

Exhibit 25M

- Driving Record Authorization Buy Form

Exhibit 25N

- Letter to School Buy Form

Exhibit 25O

- Letter to Pediatrician Buy Form

Exhibit 25P

- Interview Forms Buy Form

Exhibit 25Q

- Sample Letter to Police Buy Form

Exhibit 25R

- Sample GAL Report Buy Form

Exhibit 25S

- Sample Objection to GAL Report Buy Form

Appendix

Memorandum on Changes to N.H. Rev. Stat. Ann. c. 461-A—Parental Rights and Responsibilities

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