Rhode Island Real Estate Lawyer Blog
After the death of a family member, the division of the property from their estate can often result in complicated and drawn-out legal battles between parties who believe they are entitled to some of the proceeds from the estate. Although a clear and valid will helps heirs and the courts determine who deserves ownership of assets after a decedent passes away, things can be complicated by agreements, promises, and contracts that are not discussed in the will itself. The Rhode Island Supreme Court recently ruled for the defendants in a case filed by plaintiffs who believed they had an ownership interest in a piece of property that was tied up in the estate process.
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.