West Warwick Wills & Trust Attorneys
Probate and estates law affects the most private, personal parts of our lives and meets our essential needs in three main areas:
The cornerstone document of any estate plan is the will. A will is a written communication by which a person directs how his or her estate is to be distributed upon death. The person who creates a will is a testator. A will allows you to:
- Select the person responsible for carrying out your final wishes (known as the executor or personal representative)
- Name a guardian to care for your minor children and manage their property
- Direct which property will go to which beneficiaries
- Determine who should receive the remainder (residue) of your estate
There are several requirements for a will to be legally recognized as valid by any of the municipal probate courts in the State of Rhode Island. For example, the testator must have had the mental capacity to create a will. This means that the testator must have understood what property he or she owned, who the property was being left to, and that by signing the will, the testator was creating a binding document to dispose of his or her property at death. Additionally, the will must have been in writing, signed by the testator and signed by at least two witnesses.
Rhode Island does not recognize nuncupative (oral) wills and, though an argument may be made for the admission to probate of an out of state holographic (hand-written) will, having one is not at all advisable.
At the Law Office of Devane, Fogarty & Ribezzo, we will create a Last Will and Testament which will give you peace of mind in the knowledge that your estate will be managed as you require.