What is a Last Will and Testament


A Rhode Island Last Will and Testament, when prepared and executed properly by a person who is an adult of sound mind with legal responsibility for his- or herself, is a formal document that specifies how their assets or estate will be managed and distributed after their death. The person who dies is formally referred to as the decedent. If the decedent has minor children, the Last Will and Testament may also be used to designate who they want to care for their children and who they wish to handle their childrenís inheritance/finances until each child comes of age (usually 18, but you can designate a different age) to handle their finances on their own.

In a Last Will and Testament, the decedent usually also names a personal representativeóor co-personal representatives (two or more persons acting together in this capacity)óto manage the matters of the estate. The personal representative is the person who gathers all of the information about the decedentís debts and assets, pays outstanding debts using the assets on behalf of the estate, and ensures that the decedentís property is distributed as specified in the Will, so this is a job with a lot of responsibility, and the personal representative selected is usually someone the decedent really trusts to follow through on the details and with his or her wishes.

If a person dies without having a valid Last Will and Testament (which usuallyóin most statesómeans it must be properly witnessed, as wellónot just signed), someone will usually be appointed by the court to be the personal representative and will pay the decedentís debts, liquidizing assets as necessary to do so. Then the remaining assets will be distributed among the decedentís heirs according to the laws of the state the decedent lived in.

In some states, if one spouse dies leaving behind a husband or wife, that living spouse will inherit all of the decedentís property in the absence of a Last Will and Testament stating to the contrary. In other cases, the decedent may have specified a particular beneficiary to inherit a life insurance policy, retirement account, or other asset, and that beneficiary designation will dictate who receives those assets in the absence of a Rhode Island Last Will and Testament.

The important thing to note is that anyone who wishes to designate how their assets will be distributed after their death should prepare and properly execute a Last Will and Testament to ensure their wishes are known and honored. If they donít, they may be leaving it up to chance, the laws of the state in which they reside at the time of their death, or a court of law as to how their final affairs will be settled.  Rhode Island free information on last will and testament forms.

Rhode Island Last Will and Testament

In this article, you will find extensive information about Living Will and Testament in Rhode Island, as well as what requirements those documents have. Planning a Last Will or Testament is highly essential in terms of who you want your personal estate to own after your death. And the main thing is to think about it while you are still conscious if you want to avoid the confusion your trusted ones could have after you cross over. In brief, creating a Living Will in Rhode Island will let you transfer the title to the property to the person or persons of your choice.

Please, note that the Last Will is not a Living Will, which is used when someone needs to choose a medical treatment option they would prefer in case theyíre unable to do so when they need it.

Not Last Will nor Testament are not legitimately necessitated, yet they make it possible for laws of intestacy to legally define the transfer of real estate assets. Last Will and Testament are commonly applied when a decedent wants everything to meet his or her preferences after their passing, in the matter of funds and resources.

What is more, Rhode Island residents are permitted to draw up a Last Will or Testament, where he or she can choose a legal custodian for their children under 18 years old, make a ďPet TrustĒ for any of the testatorís animal to have a new trusted owner, and create a charitable present or trust for any individual of their choice.

Do not include estates such as:

  • Property that is in a living trust

  • Property with the right of inheritance, in joint or full lease

  • Life insurance or annuity income

  • Pay-on-death bank records

  • Transfer-on-death (TOD) resources

  • Income from IRAs, 401(k)s, retirement plans, and pensions

Itís important to remember that the Last Will and Testament are legal forms. Hence the whole process is held under the state laws and should be proven by the probate court for an authorized arrangement.

Such a will must be filed in the local probate court of the testatorís residence so that the reliable official, who is managing that documentís process, could complete the case as soon as itís confirmed. However, there is a clearer method for properties that are worth $10,000 or less in Rhode Island.

What if the person passed away without a will?

People without any Will or Testament are legally named ďIntestates.Ē Following the official laws in Rhode Island, a living spouse gets about $75,000 of the real estate and the ability to use the rest of the intestate personal property (plus an additional $50,000) at their own discretion. If there is no living spouse, the defunctís properties will be inherited to other close relatives (grandparents, parents, children, siblings, cousins, etc.) in order of their level of relational proximity.

Last Will and Testament in Rhode Island

To create such a document, the testators should match those conditions:

  • To be 18 years of age or older, sane, and clear-headed

  • Sign the document themself or by an authorized person in the testatorís presence, according to clear instructions

  • At least two other individuals need to sign the Will at the same time, also in the testatorís presence

  • A Last Will should be fully written by hand

  • The testator can choose the beneficiary themself

The Last Will and Testament in the state of Rhode Island can be adjusted any time itís needed to. It can be done by the relevant addendum, which should be implemented the same as the Will.

Last Will and Testament cancellation

A testator can revoke their will by simply physically destroying it, by its written recall paper, or by another will. In case the testator enters into marriage after the execution of the will, it shall be annulled, except otherwise provided in the Last Will. And if the testator divorces, some clauses may change not in favor of the former spouse. If you want to create a Last Will and Testament, use our website to get a completed Rhode Island Will form.



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