Estate Planning Lawyer Warwick, RI

Estate Planning Lawyer Warwick, RI

If you are looking for help with your estate plan, it is best to speak with an estate planning lawyer in Warwick, RI. When you are making choices about your estate plan, one of the most important decisions you can make is who you will choose to name as the executor. As a lawyer from McCarthy Law, LLC understands, the person you name as the executor of your estate will be ensuring that your final wishes go according to plan and that any remaining debts are paid and your assets are fairly distributed. Each state will have its own specific rules regarding who may be the appointed executor of an estate. 

What are Rhode Island’s rules regarding executorship? 

You may be wondering if you can name anyone as an executor, whether it is your mom or your best friend. The truth is, there are a few laws regarding who you can give this title to. 

  • The executor you name must be of sound mind
  • The executor must be 18 years or older at the time your estate plan is created
  • In some states, though this is not the case in Rhode Island, you cannot name someone as an executor if they have been convicted of a felony

What happens if the person I appoint as executor passes away? 

A trusted Warwick, Rhode Island estate planning lawyer understands that there are times when a named executor passes away before getting to fulfill their executor duties. When this is the case, we always encourage clients to name an alternate executor. If you do not name an alternate executor or your alternate executor also passes away, a probate court judge can appoint someone as your estate’s executor.  

I have someone in mind for the role of executor but they do not live here. Can they still be my estate’s executor? 

Although it can make things more difficult, you can still legally appoint an out-of-state executor. That said, Rhode Island requires an out-of-state executor to name someone as a resident agent who will be able to accept and take care of legal documents on behalf of your named executor. Remember, when your executor needs to make decisions regarding your estate plan, there will be many choices to make on a daily or weekly basis that must be done locally. 

If you are interested in learning more about estate plans or who you should name as your executor, don’t hesitate any longer to speak with a team member from McCarthy Law, LLC. Our estate planning lawyer in Warwick, Rhode Island can help you every step of the way. 

Scroll to Top