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.
Do I Really Need an Estate Planning Lawyer?
Estate Planning is not something most people think of very often; in fact, it is probably something many people would prefer not to think of at all. You may wonder if the services of an estate planning lawyer in Warwick, RI are appropriate for you. Reservations and concerns about whether you should hire an estate planning attorney like McCarthy Law, LLC are actually quite easy to answer.
I don’t have a huge fortune to distribute.
Contrary to what many believe, estate planning is not for the super-wealthy alone. Many people of more moderate incomes may also need to plan for their estate. Most people have at least a few significant assets, like real estate or retirement accounts, that they will want disposed of properly after their death. Estate planning can also give you peace of mind about how your children or other dependents would be cared for if something unforeseen happens to you.
Estate planning is really just about making sure the things and people who matter are provided for and that your wishes are spoken for when you can no longer speak for yourself.
I have very few heirs.
If you have a small number of heirs, it is tempting to believe that they will be able to just “sort things out for themselves” when it comes to disposing of your property after your death. Assumptions like this are a recipe for conflict and heartache. Remember, planning for your estate is about streamlining the probate process for those you leave behind, no matter how many or few there are. Thoughtful estate planning leaves them with gratitude instead of trouble.
I have a financial advisor to help with these things.
Accountants and financial advisors may provide useful information when it comes time to plan your estate, but they are not legal experts. Don’t forget that estate planning is about not just finances, but law as well. Even a highly skilled financial advisor is not empowered or trained to do all the things an estate planning lawyer in Warwick, RI will do for you and your family.
I don’t know which lawyer or advisor to trust.
A dedicated focus on estate and probate planning is the first thing you should seek out when choosing an estate planning lawyer in Warwick, RI. An attorney’s membership in relevant boards and professional organizations can also give you reassurance that you are working with a professional who has high standards and integrity. Finally, testimonials from prior clients can tell you a lot about a firm’s reputation, and a trustworthy estate attorney like McCarthy Law, LLC will proudly publish their client reviews.