Wills & Trusts Law in Rhode Island
Protect your family's future with a properly drafted will or trust from attorneys who have served Rhode Island and Massachusetts since 1990.
What Drafting a Will or Trust in Rhode Island Involves
Drafting a will or trust in Rhode Island means putting a legally binding document in place that names who receives your property, who manages your estate, and who cares for minor children. A properly funded trust can also avoid probate for the assets it holds.
At Finan & Grourke, an attorney reviews your assets and family situation, drafts the will or trust language, and walks you through signing and witnessing requirements under Rhode Island law. This process typically takes a few weeks from consultation to signed documents.
A will or trust gives you control over who inherits, a named executor or trustee, and guardianship designations for minor children. For trusts, it also provides private administration outside the probate court.
What Happens to a Rhode Island Estate Without a Will
Without a will, Rhode Island's intestacy laws decide who inherits, not the person who died. The outcome can leave a spouse, children, or unmarried partner without the share the family expected.
Assets pass by state rules. Intestacy statutes determine who receives property, and the result may not match what the person actually wanted.
The court appoints an administrator. The probate court names someone to manage the estate, and it may not be the person the family would have chosen.
A judge decides guardianship. Without written wishes, a judge decides who cares for minor children instead of the parents.
Conflict and delay increase. Family disputes become more likely, often adding months and legal costs to settling the estate.
A will or trust put in place now removes each of these risks and gives your family clear instructions to follow.
Answers to Common Wills and Trusts Questions in Rhode Island
Do I need a lawyer to write a will in Rhode Island?
Rhode Island law does not require a lawyer to write a will. However, a properly witnessed and executed will avoids errors that can invalidate the document or trigger disputes. An attorney ensures your will aligns with state requirements and reflects your actual wishes.What is the difference between a will and a living trust?
A will takes effect after death and typically goes through probate. A living trust can hold and manage assets during your lifetime and transfer them privately afterward, without probate court involvement, giving your family a faster and more private process.How often should I update my will or trust?
You should review your will or trust after major life events, such as marriage, divorce, a child's birth, a move, or a significant change in assets. Outside of those events, review your documents roughly every three to five years.Can a will be contested in Rhode Island?
Yes, a will can be contested on grounds such as improper execution, lack of mental capacity, or undue influence. A clearly drafted, properly witnessed document reduces this risk substantially and gives your family a stronger, more defensible plan.Does a trust help avoid estate taxes?
Some trusts can reduce estate tax exposure depending on their size and structure, but the benefit depends on individual circumstances. This should be reviewed with an attorney rather than assumed, since the right approach varies from family to family.
Put Your Estate Plan in Place Now
A properly drafted will or trust protects your family from the uncertainty and cost described above. Finan & Grourke has guided Rhode Island and Massachusetts families through this process since 1990.
