mollyanna58
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Joined: Jan 5, 2011 13:20:45 GMT -5
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Post by mollyanna58 on Jul 1, 2020 7:06:11 GMT -5
Does anyone know if an attorney is required when settling an estate in Rhode Island? I read a brief summary of the probate process there which stated the duties of the executor, and it stated they are carried out "with the aid of an attorney". But this was written by the RI Bar Association, so I don't know if an attorney is required by state law. The estate is fairly simple: a house with a little equity; a financed car; one stock investment; some retirement funds; personal possessions. The debts are the mortgage; car loan; and credit card bills. There is supposedly a will, which has not been found yet. If no will is found, it looks like the RI intestate laws say his mother will inherit (no spouse, no children).
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Deleted
Joined: Mar 28, 2024 5:49:35 GMT -5
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Post by Deleted on Jul 1, 2020 9:47:45 GMT -5
I know nothing about RI. However, those retirement funds may have beneficiaries of their own.
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Deleted
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Post by Deleted on Jul 1, 2020 10:12:53 GMT -5
In CA, it depended on the value of the estate. Since my DH and I had a smaller estate and his half was below the threshold, I had to file a form stating he had a small estate exempt from filing with the probate court.
I can imagine just to sell the real estate and vehicle you will likely need permission from the probate court. Same for access to anything financial in the estate unless someone else's name is already on the accounts.
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jerseygirl
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Post by jerseygirl on Jul 1, 2020 10:20:05 GMT -5
I’m almost done with probate for my sister. I went through Surrogate court in my county. I was named executor in her will. The court has been very helpful and cooperative. Pretty easy without an attorney, in dome documents a space asked for attorney name/address. I just crossed out attorney and replaced with executor. If there is a will and beneficiaries are cooperative then you should be able to do this. But it is tedious although I had an attorney for probating my mother’s will. Even with an attorney I still needed to complete paperwork, also executor of my mom’s will. Look for website for probate in your state/county. Yes need to probate to sell property
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swamp
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Don't be a fool. Call me!
Joined: Dec 19, 2010 16:03:22 GMT -5
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Post by swamp on Jul 1, 2020 10:36:59 GMT -5
Does anyone know if an attorney is required when settling an estate in Rhode Island? I read a brief summary of the probate process there which stated the duties of the executor, and it stated they are carried out "with the aid of an attorney". But this was written by the RI Bar Association, so I don't know if an attorney is required by state law. The estate is fairly simple: a house with a little equity; a financed car; one stock investment; some retirement funds; personal possessions. The debts are the mortgage; car loan; and credit card bills. There is supposedly a will, which has not been found yet. If no will is found, it looks like the RI intestate laws say his mother will inherit (no spouse, no children). you always have a right to represent yourself in Court. But, sometimes it's not a good idea................
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swamp
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Don't be a fool. Call me!
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Post by swamp on Jul 1, 2020 10:38:57 GMT -5
Just remember, I make a pile of money straightening out estates that people fucked up trying to do themselves.
I don't make as much just doing a normal estate.
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skubikky
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Post by skubikky on Jul 6, 2020 11:34:53 GMT -5
Just remember, I make a pile of money straightening out estates that people fucked up trying to do themselves. I don't make as much just doing a normal estate. molly....above is the best advice you'll get and it was free from a licensed, experienced attorney....go with it.
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TheOtherMe
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Post by TheOtherMe on Jul 6, 2020 14:28:00 GMT -5
We hired an attorney for dad's estate and it only involved cash. The Pay on Death accounts have been distributed--that happened in June and he died in December.
The funds in the Estate account have yet to be distributed. We have been told 90-120 days on that money.
I'd use an attorney.
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