Rhode Island Inheritance Lawyer

Inheritances, whether you’re bequeathing or receiving, involve many types of law, from probate to Elder Law, estate planning, tax law, and even retirement planning. As an experienced Rhode Island inheritance lawyer, we wear a lot of hats. Our legal team helps you understand how to plan for retirement and receiving Medicaid so you can leave something for your children, guide you through probate if you’ve been named the executor of a will, or set up a Special Needs Trust to improve your special needs child’s life. Most of us want to leave an inheritance for those we love and feel a responsibility to provide for them after we pass away.

At McCarthy Law, LLC, we practice all the types of law that comprise a robust inheritance law practice. If you’ve recently received money, we can help you learn your options for investing, saving, or spending. If you want to leave your children assets, we can help you reduce estate taxes and avoid probate. Please contact us for a discovery call for professional estate planning and inheritance advice tailored to your financial goals and obligations.

Benefits Of Working With Inheritance Attorneys

There are a lot of DIY inheritance forms on the internet, but they don’t come close to personalized advice from a real attorney. Rhode Island’s Estates Code is subject to change every year and is open to interpretation to form a body of case law. Our lawyers stay up to date on changes in the law that could affect your estate plan, inheritance, and financial goals, then guide you to the right solution.

We also help you create the legal documents that form your estate plan. Most people think that estate planning starts and ends with a will, but in fact, it includes trusts, like a Medicaid trust to help preserve your assets when you’re older, Power of Attorney, naming someone as your legal agent should you become unable to advocate for yourself, life insurance, and a guardianship designation for your minor children. Our attorneys create the right legal protections so you can face the future knowing you have a plan.

We don’t take a one-size-fits-all approach to inheritance matters because everyone’s needs differ.

Helping You Achieve Your Financial Goals

Do you need help managing an inheritance? We can advise you of different types of investments that can help you enjoy your assets now and prepare for the future.

Have you been passed over in someone’s will, and not received the inheritance you should have? Or, maybe someone is challenging the inheritance you received, and you’re not sure how to defend yourself. We represent people on both sides of will challenges and can explore your legal options to secure or preserve what is rightfully yours.

Do you want to leave something for your children but think you can’t afford it? Our Rhode Island inheritance lawyer can help you build a legacy in small, achievable steps.

Whatever your inheritance needs or questions, McCarthy Law, LLC, can handle them. Please call us today for your discovery call.

How State Laws Shape The Inheritance Process

When a person dies, it often raises immediate questions about who will receive their assets. Inheritance law sets the rules for how a person’s assets are transferred after death. These laws vary from state to state, but they generally follow two tracks: one for those who leave a valid will, and another for those who don’t. Whether an estate goes through probate or is handled through a trust or other transfer method, understanding how state rules apply can help families make informed choices and reduce the chance of disputes. Anyone with questions about distributing property after a death should consider speaking with a Rhode Island inheritance lawyer to better understand how local laws apply.

Wills And Intestate Succession In Practice

Our probate lawyer shares that if a person dies with a will, the court typically uses it as a guide to distribute the estate. The executor named in the will is responsible for carrying out the wishes of the deceased, handling debts, filing paperwork, and making distributions. But when no will exists, the estate goes through intestate succession. This process relies entirely on state law to determine who gets what. Usually, spouses, children, and sometimes other close relatives inherit first, but situations involving blended families, unmarried partners, or estranged relatives can complicate matters quickly.

Probate courts play an active role in either case. They make sure the process follows legal procedures, from validating the will to settling debts and overseeing how the estate is divided. While probate is often seen as time-consuming, it’s designed to protect the interests of all parties involved.

Legal Support Can Make A Difference

Family members often find themselves in disagreement over how a loved one’s estate should be handled. These disputes can stall the probate process or even result in lawsuits. Sometimes, the problem stems from unclear wording in the will or confusion over state laws. In other cases, heirs may question whether the deceased was influenced or mentally capable at the time the will was created.

This is where working with an attorney becomes valuable. A Rhode Island inheritance lawyer can help clarify the law, review documents, and represent clients during probate hearings. When estates involve large assets, out-of-state property, or complicated family dynamics, legal advice from our estate attorney can help prevent delays and limit future challenges.

Why Regular Estate Planning Updates Matter

Even a well-prepared estate plan can cause problems if it’s outdated, which is why it’s critical to work with an estate planning attorney on a regular basis. People often forget to update their wills or trusts after major life changes like marriage, divorce, or the birth of a child. When outdated documents don’t reflect someone’s current wishes, it creates confusion for heirs and room for conflict. Reviewing and updating plans every few years—or after significant events—can help keep things clear and avoid costly disputes later on.

Helping You Prepare For The Future With Confidence

Inheritance law affects several aspects of a person’s financial affairs and family relationships. From drafting a valid will to settling an estate in court, every step matters. A Rhode Island inheritance lawyer can offer clarity on what to expect and how to move forward, whether you’re creating a plan or dealing with the estate of a loved one. At our firm, we operate under the concept that relationships and family are of the utmost importance. Our team is driven by diligence and a commitment to ethical excellence, we aim to empower our clients, fostering trust and delivering tailored solutions that uphold their best interests.  If you have questions about your rights or responsibilities, we invite you to reach out to McCarthy Law, LLC to discuss your situation.

Inheritance Law FAQs

After a loved one dies, the legal process that follows often brings up important questions for families. Inheritance law covers how assets are transferred, how estates are managed, and what rights heirs and beneficiaries may have. Knowing how these rules work in Rhode Island can help us make informed decisions for ourselves and our loved ones. If we’re looking for guidance about estate planning or how an estate is handled after a death, our Rhode Island inheritance lawyer can offer tailored legal support.

How Do I Avoid Probate?

Probate is the court-supervised process of distributing a deceased person’s assets. We can often avoid probate by using tools like revocable living trusts, naming beneficiaries on financial accounts, and holding property jointly with rights of survivorship. When assets are placed in a trust, they bypass probate and pass directly to beneficiaries. This can save time and reduce legal fees. Planning ahead with an estate attorney can help us choose the right approach based on our family and financial goals.

What Is The Difference Between A Will And A Trust?

A will is a legal document that states how we want our property to be distributed after death and who will manage our estate. A trust, on the other hand, can take effect during our lifetime and holds assets for specific purposes or beneficiaries. Trusts can provide more control, especially if we want to avoid probate or set conditions on how and when assets are distributed. Both tools have their place, and an estate planning lawyer can help us decide which makes sense for our needs.

How Are Assets Divided If There Is No Will?

If a person dies without a valid will, Rhode Island’s intestacy laws determine how the estate is distributed. That usually means the surviving spouse and children inherit first. If there is no spouse or children, other relatives like parents or siblings may inherit. This process can feel impersonal, and it might not reflect the wishes of the deceased. That’s why creating a will or trust can be one of the most important steps we take to protect our family’s future. Our probate lawyer can help us understand how intestate succession would apply to our situation.

Can An Executor Be Removed From A Will?

Yes, an executor can be removed if they’re not fulfilling their legal duties or acting in the best interests of the estate. This could include things like failing to communicate with beneficiaries, mismanaging assets, or not following court procedures. If we suspect something is wrong, we can request the court to investigate. It helps to work with a probate lawyer or estate administration attorney who understands the process and can support us through formal action if needed.

How Do I Find Out If I Am In A Will?

To find out if we’re named in a will, we can check with the probate court where the deceased lived. Once a will is filed with the court, it becomes a public record. If we think we should have been included but were not, we may be able to challenge the will under certain conditions. It’s important to act quickly since time limits apply. A Rhode Island inheritance lawyer can review the case and explain our rights as a potential heir or omitted beneficiary.

Common Causes Of Inheritance Law

Inheritance disputes often cause tension among family members and slow down the process of distributing assets. In Rhode Island, these disagreements often arise after the loss of a loved one, especially when wills, trusts, or property ownership are unclear. At our firm, we frequently handle contested matters that involve both probate litigation and estate planning issues. With deep local roots and over a decade of experience guiding Rhode Island families through estate matters, we provide practical legal support to resolve these situations. If you’re dealing with a disputed estate or trying to avoid one in the future, a Rhode Island inheritance lawyer can offer guidance specific to your situation.

Ambiguous Or Outdated Wills

One of the most common reasons for inheritance disputes is a will that lacks clarity. Language that’s too broad or doesn’t match the decedent’s intentions can create room for interpretation, and when multiple heirs believe they deserve certain assets, that can spark conflict. Outdated wills—especially those that were never updated after major life changes like divorce, remarriage, or the birth of children—can also lead to legal battles.

Claims Of Undue Influence Or Diminished Capacity

Concerns that someone manipulated a loved one into changing their will are unfortunately not rare. This can happen when a person becomes isolated, ill, or reliant on others for care. If a will is changed shortly before death or benefits one individual disproportionately, other heirs may raise questions. Rhode Island courts take these claims seriously, especially when there’s a concern that the person lacked the mental ability to make informed decisions at the time of signing.

Unequal Distribution Among Heirs

Even when a will is valid, unequal distribution of property or assets can still cause disagreement. Some family members may feel slighted or believe they were promised something different. A parent may intend to compensate children differently based on financial need or past support, but without explaining the reasons in writing, this can lead to resentment or legal action. A Rhode Island inheritance lawyer can help draft estate documents that reduce these risks.

Disputes Over Jointly Owned Property

Joint ownership of property or financial accounts can create challenges during the estate process. If one person is listed as a joint owner, they may assume full ownership automatically upon the other’s death. However, other heirs may contest this, especially if the joint ownership was established late in life or without explanation. These cases often require careful analysis of records and intent.

Allegations Of Executor Misconduct

Executors are responsible for managing the estate and distributing assets. When an executor fails to act promptly, withholds information, or is accused of acting in their own interest, heirs may challenge their authority. Allegations of mismanagement or conflicts of interest are among the leading causes of probate litigation, particularly in estates with valuable or complex assets.

Supporting Families Through Inheritance Disputes

When a will is contested or an estate runs into administrative issues, having legal support can ease the process and help protect your interests. A Rhode Island inheritance lawyer can assist with resolving disagreements and protecting long-term interests. If you’re facing a dispute or want to prevent one through clear estate planning, we’re here to help. Attorneys at McCarthy Law, LLC can provide personalized legal support based on your family’s specific goals and needs.

Why Planning Now Protects Tomorrow

Inheritance law can be detailed, but the choices we make now shape how assets are passed down and how our loved ones are provided for. McCarthy Law, LLC provides support on wills, trusts, probate matters, and estate administration, offering guidance that aligns with Rhode Island law and our specific family needs. To discuss your estate or get clarity on your legal options, we invite you to speak with a Rhode Island inheritance lawyer at our office.