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A Rhode Island Last Will and Testament is a legal document that not only clearly explains how a Testator wants their assets, property, and other belongings distributed once they die, but can also be used to provide the Testator’s burial preferences. According to the law, these documents must be signed by two separate witnesses who are both present when the Testator signs the Will. The purpose of the witness signatures is to help assure the probate court that the Testator created the document because they wanted to do so and not because they were forced to do so. Once created and executed, the Will should be kept somewhere secure yet accessible.
Laws - Title 33 (Probate Practice and Procedure)
Witnesses - According to 33-5-5, the Will must be signed by two (2) witnesses who are both present when the Testator signs.
Step 1 - Using the template provided by FormSwift, provide your legal name and your gender.
Step 2 - Enter your city and county of residence.
Step 3 - Select your marital status from one of the following choices:
If you aren’t single, provide the name of your spouse.
Step 4 - If you have children, pets, property, or life insurance policies, provide that information here.
Step 5 - Enter the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Next, enter the names of pets. Then, enter information about any life insurance policies.
Step 6 - State the amount of money or percentage of your property you’d like to leave each child.
Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone with a disability, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.
Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, the probate court will appoint one. Provide the following information:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you die. You may also wish to name an alternate. If your assets are in a trust, provide the following information for the Trustee and alternate:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you have minor children, you should consider appointing a guardian and an alternate guardian. Provide the following information for each:
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
Remember that when you sign the Will, you must do so along with two witnesses.
Having a last will and testament in the state of Rhode Island is an important step in the estate planning process. To create a will, a person must be of legal age and of sound body and mind. A will allows a testator to prepare a document that explains their wishes in how they want their estate distributed to any loved ones or other named beneficiaries upon their death. It can also be used to name a guardian for minor children, make charitable donations, or establish a pet trust.
A Rhode Island will is not legally required. However, there are many advantages to having one.
With no will in place, according to state laws, intestacy laws will be enacted. This means that the Rhode Island probate courts will determine the distribution of your estate. and it may not be in line with your wishes. If you die without a will and there is a surviving spouse, without a will in place, they will inherit up to $75,000 in real estate holdings, and will maintain the right to use any property for life as well as $50,000 in personal property plus half the balance of the estate. If there are both a surviving spouse and children, they will split the estate minus the property share that will go to the spouse automatically. If there is no surviving spouse or children, the courts will find the next closest relative to inherit the estate. If there is no relative found, the State of Rhode Island becomes the beneficiary.
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