Legal Question in Wills and Trusts in Rhode Island

waive right to interest in property

my girlfriends father left her the house in his will. The situation gets a little tricky however: He got married after the will was done (but the clause was included that said it was in anticipation of a marriage). He died 4 days after the marriage.

The, now, wife says she has no interest in the property and if there was something she could sign to waive her rights to it she would. Is there such a form to waive her rights to this property? So, that his daughter gets it as he stated in the his will.

Asked on 5/29/08, 10:15 am

2 Answers from Attorneys

Denise Leydon Harvey Harvey Law Offices

Re: waive right to interest in property

I'm very sorry for your loss.

Usually if a Will is written in anticipation of an event, the language will apply despite the happening of the event. In this case, that means that even though your gf's step mother could be entitled to a share the property, the Will will be interpreted so that she is not because, presumably, dad knew that his wife would be a likely beneficiary of his assets but he specifically declined to include her. I agree with the previous answer that she could also sign a declination of interest in order to clarify the title.

Please let me know if I can help you.

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Answered on 6/02/08, 2:32 pm

Re: waive right to interest in property

Your step mother can file a Declination of interest in the father's estate. The property will then pass by statute to her father's children. Alternative is to file an agreement of compromise with the court.

You should contact a Probate Attorney and have the matter resolved.

Please feel free to contact me, if you have any more questions.

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Answered on 5/29/08, 11:03 am

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