Making a Will in Rhode Island? Here's everything you need to know!

A last Will and testament is an important part of planning how your assets will be shared after your death. The person who writes a Will in Rhode Island is called the "testator." A Rhode Island Will let the testator provide for a spouse, children, other loved ones, and pets after his death. It also lets the testator choose a personal representative for their estate.

What happens if you don't have a Will in Rhode Island?

In Rhode Island, an estate is called "intestate" if the person who died did not have a Will or the Will did not meet the requirements of state law.

Intestate laws can be hard to understand, and how a person's property is divided after they die depends on if they were married and if they had children or grandchildren. The laws give the most weight to the deceased's spouse and children. However, if a person dies without a spouse or children, their parents and siblings may end up with the whole estate.

Who gets your property, depending on who in your family is still alive after your demise. It could be anyone in your family tree, from your spouse and kids to your great-great-grandparents.

How to make a Will in Rhode Island

Whether you give all of your stuff to one person or leave different assets to different people, you should be careful about who gets what. You can leave money or other possessions to organizations and people.

1. Choose an executor for your Will

   The executor’s job includes selling your property, closing your bank accounts, and giving your property to your beneficiaries in a legal way. This person must follow strict legal rules and do everything necessary to manage your estate, so you should choose them carefully.

2. List all your assets

   Your assets include your things, pets, property, and money. Take the time to describe each asset clearly, so there is no question about what it is when the executor gives it to the person who is supposed to get it.

3. Name beneficiaries in your Will

   You must decide who gets a share of your property and specify how much each person receives after you die. This is critical because any wrong decision or mistake may cost you the chance to fulfill your wishes after death.

   Choosing your Will beneficiaries with care also helps you avoid family issues during the execution process. There are no restrictions on how many people you can name as beneficiaries.

4. Name legal guardians for your children

   People who have children who depend on them should name a guardian in their Wills. Even though you don't have to ask permission before naming someone as a guardian, it is common to name more than one guardian in case one of the people you name can't take care of the child.

5. Sign your Will in the presence of witnesses

   Incorrectly executing a Will may lead to it being deemed invalid. In Rhode Island, at least two people must be present at the same time and sign the Will in front of the person making the Will. Your witnesses also need to be at least 18 years old.

What Are the Duties Required of Executors?

The executor is the person named in a Will or chosen by a court to take care of the dead person's financial matters. That means taking care of the property, paying bills and taxes, settling debts, and ensuring that assets are given to their new owners. If probate court proceedings are needed, which they often are, the executor must handle them or hire a lawyer.

An executor is responsible for finding and putting together all the documents needed to manage and settle the estate. The terms of the Will should tell the executor more about the estate and the beneficiaries. The executor should look for all other documents showing what the deceased owned and how their estate is doing.

After taxes and debts are paid out of the estate, the executor can start giving things to the people named in the Will as beneficiaries. If the Will says that any real estate should be sold, it's up to the executor to keep the house in good shape and keep paying the mortgage, utilities, and insurance until it's sold.

Changing or revoking a Will in Rhode Island

• Making a new one nullifies your old one. You can also state in your new Will that the previous one is null and void.
• Burning, tearing, or destroying a Will also renders it null and void. You can perform these acts yourself or have someone else perform them for you.
• If you marry after making a Will, Rhode Island law may revoke it automatically (unless it's made clear in the Will that you were thinking about marriage when you created it). After a divorce, Rhode Island law nullifies any language in the Will in favor of your former spouse.
• If you only need to make minor changes, you can add an amendment to your existing Will, known as a codicil. In either case, you must finalize your changes using the same procedures you used to create your original Will.

Do you need a lawyer to make a Will?

You don’t need a lawyer to make a Will in Rhode Island. However, you should consult an attorney if you have many assets that may be subject to estate tax unless you engage in tax planning. A lawyer can also assist you if you are concerned that someone will challenge your Will on the grounds of fraud, that you were unduly influenced, or that you were not of sound mind when you signed it. You may also feel more comfortable having a lawyer review your Will, even if there are no obvious legal complications.

The Bottom Line

Having a Will in place also allows you to decide who will receive your assets, which can help reduce time, cost, and conflict in probate court.

Planning for the future is smart and the only way to keep your family safe and give yourself peace of mind. When you know that your last wishes have been clearly stated, you can trust that they will be carried out precisely the way you want.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice on your specific situation.