The plaintiff in the recently decided case was a beneficiary of a trust that was created by a woman who named the defendant as a trustee. Upon the death of the settlor, the defendant complied with the terms of the trust, paying out certain bequests to the beneficiaries of the trust (including the plaintiff), and then dividing the remaining assets among the other trustees as required by the trust agreement.

The plaintiff, who was also the administrator of the settlor’s estate, believed that the trust may have been mismanaged or improperly distributed, and requested a detailed accounting of the trust, as well as a detailed and onerous accounting of the defendant’s personal finances. The defendant refused the plaintiff’s request, maintaining that they had managed and distributed the trust properly and that they had no obligation to provide the plaintiff with the requested information. The plaintiff then took the defendant to court.

At the lower court level, the judge found that the trust in question was not the type of trust that would allow a beneficiary in the plaintiff’s position to demand the accounting that they had requested. As a result of the ruling, the plaintiff was unable to obtain the accoutings. The plaintiff appealed the ruling to the Rhode Island Supreme Court, arguing that the trust in question was a “custodial trust” that was bound by a statutory requirement for the beneficiaries to have access to accounting information.

Because the trust in question was not explicitly referred to as a custodial trust in its inception documents, the high court took a detailed look at how the trust was created, and compared attributes of the trust to Rhode Island’s definition of a custodial trust as defined by statute. The Court eventually found that the trust in question was not a custodial trust and that the plaintiff was not entitled to the accountings that were requested. The plaintiff’s position of administrator of the settlor’s estate did not change the court’s reasoning, as the trust in question and the will/estate were separate issues, and the trust was explicitly designed to address the assets in question.

Find the Right Trust and Estate Attorney as Soon as Possible

Disputes surrounding trusts, wills, estates, and inheritances can be some of the most complicated and adversarial conflicts in the legal system. The fact that the intention of a deceased person has been reduced to documents that are not always prepared or executed properly can make matters worse. The best time for someone to prepare for the management and disbursement of their assets upon their death is while they are well and of sound mind, so their intentions can be reasonably put down on paper. If you or a loved one is seeking advice for a Rhode Island trust or will creation, the experienced Rhode Island trust and estate attorneys at Bilodeau Capalbo can help you effectively describe your intentions into a clear and enforceable document, to prevent unnecessary conflict down the road. Contact our offices today at 401-300-4055 to schedule a free consultation and discuss your case.

The plaintiff in the recently decided case is the estate of a woman who held property with the defendants as joint tenants. Prior to the woman’s death, she initiated an action to sever the joint tenancy, which, if completed, would have reverted the parties’ interests on the property to tenants in common, allowing the woman’s heirs to assume ownership of her share of the property upon her death.

While the plaintiff’s partition action was pending, she passed away, and the defendants attempted to dismiss her action, arguing that her interest in the property automatically transferred to them upon her death as a result of the parties sharing ownership of the property as joint tenants. The Superior Court granted the defendant’s motion without hearing from the plaintiff’s estate, and the plaintiff’s heirs lost their interest in the property.

The plaintiff’s heirs appealed the Superior Court judgment to the Rhode Island Supreme Court, arguing that under Rhode Island state law, a partition action to divide a joint tenancy into tenancies in common shall not be extinguished by the death of a party. As a result of that law, the plaintiffs argued that the partition case should not have been dismissed, and that the plaintiff’s estate should be substituted as a party in the partition action and the dismissal should be set aside.

The high court agreed with the estate that state law clearly and unambiguously demands that a partition action is not abated when a party to the action dies. As a result of this ruling, the ownership of the property will be determined by the partition action, which will most likely allow the heirs to take possession of the deceased plaintiff’s portion of the property as tenants in common.

Finding a Qualified Real Estate Attorney for Your Claim

If you are facing a dispute over a real estate partition, or other Rhode Island real estate issue, obtaining the services of a skilled real estate attorney can help you have confidence that your issue is resolved in your favor. The qualified real estate lawyers at Bilodeau Capalbo can advise and represent you throughout whatever property law issues you are dealing with. Our experienced team of attorneys has the tools, dedication and skills necessary for you to be confident in our handling of your case. Contact our offices today at 401-300-4055 to schedule a no-obligation consultation and discuss your case.

The plaintiffs in the recently decided case were the children of a woman who died while living at a home in 2012. The home was owned by the woman’s brother, who is the defendant in the case. According to the facts discussed in the appellate opinion, the plaintiffs were under the impression that their mother owned 50% of the property at the time of her death, and argued that although her ownership was not recorded in an official capacity, that the defendant had acknowledged and promised to her that her children would receive half of the value of the property upon her death.

When the plaintiffs made a claim to their mother’s estate for their presumed share of the property, the defendant responded by stating that he owned the entire property, as it was conveyed to him by his and the decedent’s mother before her death. Reviewing the public records, the probate court determined that the property was solely owned by the defendant, and that the plaintiffs had no claim to the home. The plaintiffs then sued the defendant in the Providence County Superior Court, alleging that the defendant had made an enforceable promise to their mother to hold the property in trust for their benefit, that they were entitled to one half of the value of the property, and requested that the court order the sale of the property and award them what was due.

The Superior Court addressed each of the plaintiff’s three separate claims in turn, and found that there was no enforceable agreement that gave the plaintiffs any right to the property. Although there were ambiguous statements and promises between the decedent and the plaintiff’s mother, nothing existed that gave the plaintiffs a legal right to claim any ownership of the property. The plaintiffs appealed the ruling to the Rhode Island Supreme Court, which found no error by the Superior Court, and ultimately denied the plaintiff any avenue of relief for their claim.

A Qualified Trust and Estate Attorney is Essential to Clarify and Protect Rights to an Estate

If a family member or loved one has made a promise to give their property or assets to you upon their death, the promise alone may not be enough to secure the will of your loved one. The advice and counsel of a qualified Rhode Island trust and estate attorney can ensure that your loved one’s final wishes are fulfilled, and that events or feuds after their death do not distort the division of their property as they desired. Although claims can successfully be made to obtain an interest in property after one’s death, the best time to clarify the intent of a property owner is while they are still alive. If you or a family member are interested in preparing a Rhode Island estate plan that is unambiguous and enforceable, the skilled trust and estate lawyers with Bilodeau Capalbo can help with will preparation and trust creation, and all other estate planning preparations. Contact us by calling our offices at 401-300-4055 today to schedule a no-obligation consultation and discuss your situation.

In order for someone to be eligible for Medicaid assistance, their countable assets and income must fall below a certain threshold. Legal professionals can assist their clients by creating trusts and using other estate planning strategies to meet the asset and income thresholds and secure Medicaid eligibility. In the vast majority of cases, the cost of Medicaid planning will be substantially less than the amount of money saved by securing Medicaid eligibility to cover long-term care expenses.

Depending on a Medicaid applicant’s marital status, the value of a primary home may or may not be counted toward the Medicaid eligibility cap. If one spouse does not need long term care, a marital home will not be counted toward the asset limit; however, the federal government may be able to place a lien on a property and recoup some of the assistance from the spouse’s estate down the line. Couples seeking to protect their estate for children or other heirs, as well as single homeowners in need of long term care, may be able to create certain types of trusts to keep their home from being counted or taken by the government while still maintaining Medicaid eligibility.

In addition to planning for Medicaid eligibility, estate planning can be used to preserve assets for those looking to pass down property to their heirs even while facing excessive end-of-life expenses. Strategic estate planning is most successful when done far in advance of serious illness, so it is best for aging parents to start estate planning early to ensure their assets are protected. It can be tempting to simply transfer assets to heirs in advance of an estate resolution, and that may be a useful tool to protect the assets; however, there may be simpler or safer strategies to protect assets using the help of a legal professional with experience in trusts and estates.

Finding a Rhode Island Trust and Estate Planning Attorney

If you or a loved one is looking into long-term care, a holistic Rhode Island estate planning strategy can help ensure you can afford appropriate care and protect your assets for your heirs. Medicaid planning is only one part of an effective estate plan. The Rhode Island trust and estate attorneys at Bilodeau Capalbo can help you prepare your estate to protect your assets in the event you need long-term care. We can also help with other aspects of your estate plan, including preparing wills and trusts. Call us to schedule a consultation with one of our licensed trust and estate planning attorneys. Contact our offices at 401-300-4055 today.