Committed to Quality Justice
37 Sockanosset Cross Road Cranston, Rhode Island 02920
Get Directions187 Warren Avenue East Providence, RI 02914
Get Directions597 Broad Street
Central Falls, RI 02863
Quality Justice
Admitted to serving
all State and
Federal Courts
in RI, as well
as all State
Courts in MA.
Rui P. Alves
Custom Wills & Trusts - RI & MA Probate Attorney
In the estate planning process, having a will or trust that is custom tailored to your unique situation and circumstances is necessary to avoid any confusion upon your death between heirs and the probate court.
Contact Rhode Island Probate Attorney Rui Alves for a FREE initial consultaion about your Custom Wills & Trusts at:
(401) 942-3100 or EMAIL rpa@alveslaw.com now.
Custom Wills & Trusts
What is a Will?
A will is a document providing instructions to your heirs or survivors, concerning how to distribute and manage your assets upon your death. The term ‘last will and testament’ is merely a precise way of giving notice that there is no other testament or will executed after that date.
A custom will must definitely contain your instructions appointing a person of your choosing to manage your estate, or assets, and to distribute them to your heirs per your direction, as well as a listing of your heirs, and those items you wish to bequeath to them. It will also contain precise and detailed language concerning the execution of any financial matters, real estate transactions, and other asset related directives.
What is a Trust?
A trust is a document that is used in place of a will. The owner of the property in the trust, (the trustor, grantor or settlor), transfers legal ownership of all of their assets to another person, or an entity (the trustee), who manages them for the benefit of another person (the beneficiary).
The trustee has a fiduciary relationship with the beneficiary, which means that they must act in the best interest of the beneficiary at all times. A grantor may also be the beneficiary and the trustee, however, the trust is not in effect until all of the property has been transferred to the ownership of the trust.
What is the difference between a Will and a Trust?
Wills are required to pass through the probate process. If you own property in more than one state, your Will needs to be probated in each state separately. The document becomes public, and the probate court will supervise any challenges from beneficiaries or heirs, as well as any creditor disputes for outstanding debts. The tax savings are similar to those offered by a custom trust. The cost to prepare a will is less than a Trust, however you will also need a Power of Attorney, and a Will can carry a substantial cost to probate.
Trusts do not have to go through probate proceedings; which also avoids the cost associated with probating any property that may be owned in another state. The details of a trust remain private, and you are not offered any intervention by the court for resolving any disputes between beneficiaries. You are however able to manage your own assets and financial affairs as long as you are willing and able to do so, and you may make provisions for a successor trustee of your choosing to take over for you when you are no longer able to make the decisions yourself.
Custom trusts do cost more to manage, prepare and fund than a Will, but the savings are realized when you avoid probate as long as all the assets have been held by the Trust.
In addition to being useful upon your death, a trust can help you manage your assets more efficiently while you are alive. In some instances, a custom drafted trust can save you tax dollars while you are living as well as probate costs to your estate. The advice and opinion of a qualified professional estate planning attorney on whether you will use a custom will or a custom trust, will help you plan for your loved ones in the most efficient and money saving way.
If you or your loved ones are in need of Custom Wills & Trusts in RI or MA contact Probate Lawyer Rui Alves for a FREE initial consultaion at:
(401) 942-3100 or EMAIL rpa@alveslaw.com now.
Wills & Trusts in Rhode Island and Massachusetts
Probate courts are divided by counties in the State of Rhode Island, however each court uses the same documentation and procedure depending upon the case. Though Massachusetts combines the Probate in with the Family Court, Rhode Island has a separate court system for probate, and there are 39 courts throughout the state.
An estate must remain open in the State of Rhode Island for at least 6 months, and can stay open for as long as it takes to settle the estate, but usually not more than 18 months for an average estate. If you are interested in avoiding the probate process entirely, you will need to have the sound legal advice and planning of an attorney approved estate plan.
Most estate plans designed to avoid probate procedure, will include the gifting of assets during the lifetime of the decedent, a Living Trust, and joint-tenant property ownership. Even in the case of a well executed estate plan, the trustee will still need to distribute the assets according to the wishes of the deceased, and a will is not the same thing as an estate plan.
If You Have a Will
The process of probate can be of a shorter duration, and less involved, if you have a will. With a will, a simple petition to the court to appoint an executor or executrix, together with notice to the heirs under the will, which can be waived if you are in contact with them, on good terms, and they opt to waive notice of the hearing, is all that is needed to begin the probate process.
Once the court has appointed the fiduciary, they are then responsible for taking an inventory of the assets of the deceased, and payment of all debts and taxes, and if necessary sale of estate assets, and distributions to heirs.
If You Do Not Have a Will
The complexities of probating an estate grow when someone dies without leaving a will, or intestate. Heirs will be determined by the court, and assets distributed according to statutory law first to the children of the deceased, then to the parents of the deceased, then to the brothers and sisters and their descendents. In the case of no will, the court will notify the surviving heirs of the court date and an administrator or administratrix will be appointed at that time. The administrator will have all of the same fiduciary duties as an executor or executrix.
In either instance, whether your loved one has left a will, or not, you will want the advice and counsel of a good probate attorney to help you file the correct paperwork on time, and to appear at hearings before the Probate Court with you.
If you or your loved ones are in need of Custom Wills & Trusts in RI or MA contact Probate Lawyer Rui Alves for a FREE initial consultaion at:
(401) 942-3100 or EMAIL rpa@alveslaw.com now.
Probate Court of the City of Providence
City Hall, 5th Floor
25 Dorrance Street
Providence, RI 02903
Providence Probate Court is located on the fifth floor of City Hall.The Providence Probate Judge is John E. Martinelli; the Clerk of the Court is Paul V. Jabour, Esq. Both are elected by the City Council and serve for a term of six (6) years. If the judge is unable to hear a particular case, the clerk sits in his stead.
Regular Hours:
Monday - Friday
8:30 - 4:30
Summer Hours:
Monday - Friday
8:30 - 4:00
This court has jurisdiction over the following types of case:
- Decedent's estates; this includes persons who have died with a Will (testate) or those without one (intestate).
- Adult Limited Guardianships, either of the person, estate or both.
- Minor Guardianships, either of the person, estate or both.
- Adult Adoptions
- Name Changes
Every City or Town in this state has it's own probate court, which administers these laws. Probate Court is a court of law established by RIGL 8-9; the operating statute for Probate is RIGL Title 33.