Rhode Island Wills Flashcards
RI: what are the inheritance rights of adopted children?
They inherit from their adoptive parents. Also, with limited exceptions, granting a petition for adoption will not deprive the child of rights to inherit from his natural parents.
In RI, what can the surviving spouse always take?
The spouse always takes:
(1) A life estate in real property, remainder to surviving children
(2) One half of personal property
In what order does real estate pass by intestate succession in RI after the surviving spouse’s share?
(1) children and their descendants
(2) parents, in equal shares
(3) brothers and sisters and their descendants
(4) grandparents in equal shares, or to sole
(5) uncles and aunts, or their descendants by representation
(6) great grandparents in equal shares, or to sole
(7) great uncles and great aunts or their descendants by representation
(8) and so on “without end” passing to the nearest lineal ancestors and their descendants
In RI, do predeceased heirs’ interest lapse?
No, the descendants of any person deceased shall inherit the real and personal estate that the person would have inherited had the person survived. (per stirpes)
In RI what is the rule for children born out of wedlock?
They have a right to inherit from their mother and father in like manner as if born in lawful wedlock.
In RI what additional rights does the surviving spouse have if no children survive?
If no issue survive, in addition to the life estate and 1/2 share of personal property, the surviving spouse:
(a) may be awarded a “discretionary allowance” of real property up to $150,000 in fee simple, and
(b) will be entitled to take from the surplus personal property not bequeathed $50,000 plus one-half of the remainder
What is the 120 hour rule in RI?
An individual who fails to survive the decedent by 120 hours is considered to have predeceased the decedent. Survival must be established by clear and convincing evidence.
When does the 120 hour rule not apply in RI?
when it would lead to property escheating to the state
When is unclaimed property presumed abandoned in RI?
after 3 years
In RI, when are inter vivos gifts treated as an advancement of gifts under a will?
(1) if noted as such in a memorandum signed by the testator, or
(2) if delivered expressly for that purpose in presence of two witnesses asked to take notice of it
Does RI allow nuncupative or holographic wills?
No; unless conforming to laws of another state or made by active military or mariners. All wills must be witnessed.
How does RI treat foreign wills?
They are valid as long as in writing and subscribed by the testator.
What is the RI rule for incorporation by reference?
No statute authorizes a list of tangible personal property to be disposed as listed in a separate document.
What is the effect of a marriage on a prior executed will?
Marriage revokes the will made before the marriage, unless it appears from the face of the will that it was made in contemplation of that particular marriage.
Exception: property given by power of appointment is not revoked.
