Legal Question in Wills and Trusts in Rhode Island

Probate Heirs at Law

My father passed away in 1964 and I have come to discover that he had an estate in which I was listed as one of the heirs at law. I never recieved my share of the estate and was wondering how to correct this matter. Any further information necessary please contact me. Thank You

Asked on 6/09/98, 7:22 pm

2 Answers from Attorneys

Patricia Joyce Law Office of Patricia M. Joyce
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Re: Probate Heirs at Law

I agree with most of the prior response from the California attorney; however, in Rhode Island, probate is under the jurisdiction of the city or town where the decedent was domiciled at the time of death. Therefore, you should contact the probate clerk in that town to start your investigation.

It is possible that you were entitled to inherit by either being named in the will or by intestacy (passage of property when there is no valid will), but your location was unable to be determined in order to distribute the inheritance. In that case, any money to which you are entitled would have been turned over to the State of Rhode Island. The General Treasurer maintains a registry

of "Unclaimed Funds" that includes such assets. If you believe that it is likely that you have inherited a significant amount, it may be best to retain a Rhode Island attorney to respresent you.

Patricia Joyce

Law Office of Patricia M. Joyce

Suite 24, 1050 Main Street


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Answered on 1/24/99, 10:44 pm
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.
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Re: Probate Heirs at Law

While you may have been listed as an heir at law, you may not have been a designted person in the will if the decedent died testate, that is with a will. The logical place to start is in the probate court in the county where the decedent resided when he died. If there was no probate proceedings then you must dig a little further by contactng other family members. You may be late however because of the passage of time.

WILLIAM BRANDWEIN

WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

215 WEST FRANKLIN STREET


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Answered on 11/12/98, 12:33 pm

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