For many families, a Last Will and Testament is the first - and sometimes only -  estate planning document they ever sign. While revocable trusts have become the primary planning tool for many Rhode Islanders, a well-drafted will still plays a crucial role in nearly every comprehensive estate plan. Whether you own a single home in Coventry or Barrington, or multiple properties across New England, your will determines who receives your assets, who takes care of your minor children, and who is placed in charge of wrapping up your final affairs.
Too often, people think of a will as something they can “get around to later,” or they rely on a generic online template that doesn’t comply with Rhode Island law. That choice can leave their families in a costly, time-consuming probate process - or worse, with state law deciding who gets what, rather than their wishes.
This article breaks down how wills work in Rhode Island, why they still matter even when you have a trust, and the key legal requirements you need to understand before signing one.

1. What a Will Does (and Doesn’t Do) in Rhode Island
A will is a written document that directs how your probate property will be distributed when you die. It only takes effect upon your death, and it only governs property that is subject to probate - that is, assets that don’t already pass to someone else through joint ownership, beneficiary designations, or a trust.

Typical provisions of a Rhode Island will include:

• Naming beneficiaries who will receive your property after debts, taxes, and expenses are paid.
• Appointing an executor (also called a personal representative) to manage your estate through the probate court.
• Nominating guardians for your minor children (R.I.G.L. § 33-15.1-7).
• Including “pour-over” language to transfer any assets that weren’t retitled into your trust during your lifetime into your revocable trust at death.
  
  

It’s just as important to understand what a will doesn’t do. A will does not avoid probate. In Rhode Island, if you own property in your own name at the time of your death - even if you have a valid will - your executor must file the will with the probate court and open a probate estate. The process typically involves notifying heirs and creditors, filing inventories and accountings, and obtaining court approval for distributions.

2. Why Wills Still Matter - Even When You Have a Trust
Many Rhode Islanders use a revocable living trust as their primary planning tool to avoid probate and simplify administration. But even if you have a trust, a “pour-over will” is still an essential companion document. Here’s why:

• Safety Net: No matter how thorough your funding process, it’s common for some assets to remain outside your trust - whether due to oversight, last-minute changes, or newly acquired property. A pour-over will directs these assets into your trust upon death, ensuring they follow the same distribution plan.
• Guardianship Nominations: Trusts don’t nominate guardians for minor children; only a will can do that under R.I.G.L. § 33-15.1-7.
• Personal Representative Authority: Some legal and tax matters, including certain claims and post-death filings, require a personal representative appointed through probate.
• Clean-Up Function: Even with a trust, probate might still be required for unexpected assets. A will provides the legal mechanism for handling those matters efficiently.

In short, while a trust handles most of the heavy lifting, the will acts as a legal backstop - making sure nothing falls through the cracks.

3. Rhode Island Legal Requirements for a Valid Will
Rhode Island law sets out clear formalities for executing a valid will. Under R.I.G.L. § 33-5-5, a will must be:

1. In writing,
2. Signed by the testator (the person making the will), and
3. Attested and subscribed in the presence of the testator by two or more witnesses.

The witnesses must sign in the testator’s presence, and there are very specific cases and rules that define what it means to sign in the presence of each other. Unlike some states, Rhode Island does not recognize holographic (handwritten, unwitnessed) wills, and it does not permit electronic wills. Online templates that don’t follow these formalities can easily be invalidated, leaving your estate subject to intestacy.
Self-Proving Affidavits
Rhode Island allows wills to be made “self-proving” by attaching a notarized affidavit from the witnesses, which can help streamline the probate process by avoiding the need to locate witnesses after death (R.I.G.L. § 33-7-27). This small procedural step can save your executor weeks or months of delay later on.

4. The Executor’s Role in Rhode Island Probate
In your will, you nominate an executor to administer your estate. This person’s job is to:

• File the will with the local probate court.
• Marshal and safeguard your assets.
• Notify heirs, beneficiaries, and creditors.
• File required inventories and accountings.
• Pay valid debts and taxes.
• Distribute the estate according to your will.

The court will issue letters testamentary once the executor is formally appointed, giving them the legal authority to act on behalf of the estate. If you don’t name an executor, or the person you chose is unable to serve, the court will appoint someone - often a family member or, in contested cases, even a neutral third party.
Choosing the right executor matters. It should be someone trustworthy, organized, and able to navigate both legal processes and family dynamics.

5. The Stakes of Not Having a Will
When someone dies without a valid will in Rhode Island, their property passes according to the laws of intestacy (R.I.G.L. § 33-1-1 et seq.). These laws set out a default distribution scheme that may have nothing to do with your personal wishes. For example:

• If you’re married with children, your spouse may not automatically receive everything. Instead, your spouse and children will split the estate according to statutory formulas.
• If you’re unmarried and have no children, distant relatives you barely know - or don’t even know (even those in foreign countries whom you've never met) - could inherit.
• If you have minor children and no will, the court will determine who raises them, which may not align with your preferences.

Intestacy also typically involves longer and more expensive probate proceedings, because there’s no named executor or clear distribution plan. Family disagreements are more likely, and the process can take well over a year or more.

6. Common Pitfalls with Wills in Rhode Island
Even a legally valid will can fail to accomplish your goals if it’s incomplete, poorly drafted, or never updated. Some of the most frequent mistakes we see include:
Failing to Update After Major Life Events
Marriages, divorces, births, deaths, and relocations can all dramatically change how your estate should be distributed. Under Rhode Island law, marriage does not automatically revoke a prior will, and divorce does not automatically revoke provisions in favor of an ex-spouse unless expressly stated. If your family situation has changed, but your will hasn’t, your estate may be distributed in ways you didn’t intend.
Leaving Out Contingent ProvisionsMany DIY wills name a single beneficiary or executor but do not specify alternates. If that person predeceases you, or is unable to serve, the probate court may need to appoint someone else, potentially leading to disputes or unintended distributions. A comprehensive will anticipates multiple “what if” scenarios.
Overreliance on the Will Alone
A will is only one piece of a modern estate plan. If you rely solely on your will to transfer property, everything must go through probate, which in Rhode Island can take anywhere from nine months to several years depending on the complexity of the estate, local court backlog, and whether anyone contests the will. That delay often leaves families waiting for access to funds during an already difficult time.
Not Coordinating Beneficiary Designations
Life insurance, retirement accounts, and payable-on-death accounts can pass outside the will. If the beneficiary designations on these accounts don’t match your overall estate plan, conflicts can arise. For example, if your will leaves everything equally to your three children, but your life insurance policy names only one child as beneficiary, the proceeds go entirely to that child - regardless of what the will says.
Using Online Templates Not Tailored to Rhode Island Law
Many online will forms fail to comply with Rhode Island’s witness and execution requirements (R.I.G.L. § 33-5-5) or omit essential provisions like self-proving affidavits (R.I.G.L. § 33-7-27). Others don’t address state-specific rules on guardianship, elective shares, or real estate. Still others use concepts from other states’ inheritance laws, like community property, that are not part of Rhode Island law and can produce unpredictable results. These documents often lead to expensive litigation or intestacy proceedings that could have been avoided with proper drafting.

7. Wills vs. Trusts: Complementary Tools, Not Competitors
People often ask whether they “need a will or a trust,” as if they must choose one over the other. In Rhode Island practice, the two are usually designed to work together.
A revocable living trust allows your family to avoid probate, maintain privacy, and plan for incapacity, while your will serves as a legal backstop, nominating guardians, naming an executor, and “pouring over” any stray assets into the trust at death. coordinate 
Here’s how this typically plays out in real life:
Imagine a couple in Lincoln who establish a revocable trust to hold their home and investment accounts. Years later, they inherit a piece of vacant land in Westerly but never retitle it into their trust. When they pass, their pour-over will directs that the land be transferred to the trust through probate, ensuring it’s ultimately distributed according to their trust’s terms. Without the will, that property would be distributed under Rhode Island’s intestacy statute, potentially leading to unintended heirs or forced sales.
In short, the trust does most of the work, but the will catches whatever the trust misses. Both are essential parts of a well-constructed estate plan.

8. Amending or Revoking a Will in Rhode Island
Life changes - and your estate plan should change with it. Under Rhode Island law, a will can be amended through a codicil, which must meet the same formalities as the original will (R.I.G.L. § 33-5-5). Alternatively, a new will can expressly revoke the prior will.
Revocation can occur by:

• Executing a new will that explicitly revokes the old one,
• Physically destroying the will with the intent to revoke it (e.g., tearing or burning), or
• Marrying or divorcing, which can alter the legal effect of certain provisions.

Codicils can work for small changes, such as updating an executor or adding a specific bequest. But if your plan has undergone a major shift, it’s usually cleaner to sign a new will rather than layering multiple codicils over time.

9. Out-of-State Property and Ancillary Probate
Many Rhode Islanders own vacation homes or investment property in Massachusetts, Florida, or elsewhere. A Rhode Island will governs your probate property in Rhode Island, but real estate located in another state typically requires ancillary probate in that state.
For example, if you live in Cranston but own a Cape house in Barnstable, Massachusetts, your Rhode Island executor may need to open an ancillary estate in Massachusetts to transfer the property. This can add time and expense. One way to avoid ancillary probate is to title the property in your revocable trust during your lifetime, ensuring that all your assets—no matter where located - are governed by a single trust document.​

10. Building Your Plan Intentionally
A will is more than a legal form - it’s the foundation of your legacy. It determines who inherits your property, who raises your children if something happens to you, and who has the authority to carry out your wishes. Whether used alone or alongside a revocable trust, a carefully drafted Rhode Island will ensures that your estate is administered according to your values, not just the harsh and often undesirable defaults of state law.
If you’re relying on a decades-old document, a generic template, or nothing at all, now is the time to act. Thoughtful planning today spares your loved ones confusion, expense, and conflict tomorrow.
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Ready to Take the Next Step?
Our firm helps families across Rhode Island and Massachusetts build clear, legally sound estate plans - whether you need a will, a trust, or both. If you already have an online will or an older will prepared by another attorney, we’re happy to review it to identify potential issues under Rhode Island law and ensure your plan actually works the way you intend.

​By Matthew Fabisch, Esq. - Former Rhode Island Probate Judge • Founder, Fabisch Law • Trusts & Estates Attorney • Father of Four

Estate planning is one of those topics everyone means to handle “soon,” and everyone has heard a confident friend repeat a half-true rule that later turns out to be a headache. As a trusts-and-estates attorney (and former Smithfield, Rhode Island probate judge), I’ve seen families pay for these myths the hard way - with avoidable court time, taxes, delays, and fractured relationships.
Below are the ten myths I hear most often in Rhode Island and Massachusetts, what’s actually true, and what to do instead.

1) “Estate planning is only about death and dying.
”The myth. Wills and trusts are for when I’m gone; I’ll worry about it later.
The reality. Great plans are as much about life as death. Incapacity happens - stroke, accident, dementia, a prolonged hospitalization. Without a Durable Power of Attorney, Health Care Proxy, HIPAA authorization, and clear advance directives, your family may need a court-appointed guardian to make routine decisions. That costs time and money and strips away dignity and control.
Do this instead. Pair your will/trust with a complete incapacity toolkit (financial POA, health-care documents, HIPAA, living will). Spell out who decides, how they decide, and what you value so loved ones aren’t forced to guess.

2) “Estate planning is only for the rich.”
The myth. We don’t have a mansion—why bother?
The reality. Probate, medical decisions, guardians for minor kids, who handles your accounts, and how your home passes - all of that matters for all kinds of families. Modest estates can be hit hardest by delays, fees, and disputes. And coordination issues (beneficiary forms, house title, digital assets) don’t care about your net worth.
Do this instead. Get a right-sized plan. Sometimes that’s a will-based plan; often it’s a revocable trust to simplify transfers and keep family business private. Either way, choose people you trust, give them instructions, and align your assets so the paperwork matches the plan.

3) “If I have a Power of Attorney, I’m the executor.”
The myth. My POA lets me handle everything when a loved one passes.
The reality. A Power of Attorney dies when the person dies. It grants authority only during life. After death, only a court-appointed Executor/Personal Representative (or a Trustee under a funded trust) has authority to act. Banks and title companies will (rightly) refuse a POA that’s presented after death.
Do this instead. Make sure the plan names a capable Personal Representative (and backup), and if you use a trust, that it’s funded so the Trustee - who could have also had a POA - can step in seamlessly.

4) “A will avoids probate.”
The myth. I have a will, so the court won’t be involved.
The reality. A will is a ticket into probate, not a pass around it. Because probate is a lawsuit your family brings against itself, using your money, at Fabisch Law, we take the position that parents who love their children don't make them go through probate. In probate, the court must validate the will, appoint your Personal Representative, and oversee required steps. If avoiding court, delays, expense, and public filings is a goal, a revocable living trust (properly funded) is the tool that can keep most transfers off the probate docket.
Do this instead. Decide whether probate avoidance is important for your family. If yes, set up a revocable trust and move assets into it (house, non-retirement accounts). Keep beneficiary designations coordinated so the trust receives what it should.

5) “A revocable living trust gives me asset protection.”
The myth. If I put assets in my RLT, creditors and the nursing home can’t touch them.
The reality. A standard revocable trust is transparent - it’s you with a different set of paperwork. You keep full control, so your creditors (and long-term care cost exposure) see through it. It shines at probate avoidance, privacy, and organization, not at shielding assets.
Do this instead. If asset protection is a goal, talk about irrevocable options (e.g., Medicaid Asset Protection Trusts), timing, and trade-offs. These require careful design and lead time to work; they are not last-minute fixes.

6) “My spouse will automatically get everything.”
The myth. We’re married - problem solved.
The reality. Intestacy (the state’s default plan) splits assets based on whether there are children and/or parents in the picture, and how your assets are titled. Add blended families, pre-marital children, or assets with named beneficiaries, and the result can be very different from what you intended - sometimes triggering a forced sale or family conflict.
Do this instead. Put your wishes in writing. A will or trust can protect a surviving spouse and children (including from a prior relationship), stage distributions over time, and avoid accidental disinheritance.

7) “I can wait until I’m older (or sick) to plan.”
The myth. I’ll get to it when things slow down.
The reality. The law cares about capacity. Every week I get calls from people asking me to prepare POAs for family members who can no longer sign them. If an illness strikes or cognition slips, you may no longer be able to sign documents - forcing a guardianship. Some goals (like Medicaid planning or gifting) require years of lead time, and the best long-term care insurance is bought while you’re insurable.
Do this instead. Plan while you’re healthy and decisive. You’ll have more options, less pressure, and lower cost.

8) “I’ll just add my child to the deed/bank account to ‘avoid probate.’”
The myth. Joint ownership is the simple shortcut.
The reality. Adding a child can be a gift with tax and Medicaid implications, can forfeit a step-up in basis (raising capital gains later), and exposes your home or money to your child’s creditors, divorce, or poor decisions. It also risks disinheriting other children or creating ugly family accounting after you’re gone.
Do this instead. Use a revocable trust or beneficiary designations aligned with the plan. If you truly need a joint account for convenience, keep it small or use a convenience signer arrangement where available, not true ownership.

9) “Beneficiary designations always solve it.”
The myth. I named people on my IRA and life insurance; I’m covered.
The reality. Beneficiary forms are powerful-but blunt. They override your will/trust, can become outdated, don’t protect minors (who can’t receive directly), and can disqualify a special-needs beneficiary from benefits. Post-SECURE Act, retirement account payouts are more complicated, and the “just name the kids” approach often leads to preventable tax and timing problems.
Do this instead. Coordinate designations with your estate plan. Use a trust for minors, special-needs beneficiaries, or where you want timing/control. Review designations after life events and at least every few years.

10) “Once I sign, I’m done.”
The myth. The binder goes on the shelf; mission accomplished.
The reality. Two words: funding and maintenance. A trust that isn’t funded doesn’t avoid probate. Real estate needs new deeds; accounts need to be retitled or have the trust listed as beneficiary where appropriate. And life changes-marriage, divorce, a new baby, selling a house, changing states-can silently break a once-great plan.
Do this instead. Treat estate planning like a system, not a document. Fund the trust. Keep an asset spreadsheet. Align beneficiaries. Put a reminder on your calendar to review every 3–5 years or after major life events.

Quick Reality Checks on Your Shortlist

• “Estate planning is only about death.” Wrong. Incapacity planning is half the battle.
• “Estate planning is only for the rich.” Wrong. It’s about people and process, not net worth.
• “POA = executor.” Wrong. POA ends at death; court appointment begins after.
• “A will avoids probate.” Wrong. A funded trust avoids probate; a will does not.
• “RLT = asset protection.” Wrong. For protection, think irrevocable (with trade-offs and timing).

If you see yourself in any of these myths, you’re not alone, and you’re not behind. You just need a plan built for your family, assets, and goals, with Rhode Island/Massachusetts quirks accounted for and the paperwork matched to the strategy.

How we make this easy

1. Clarity first. We start with your people, your “must-haves,” and your “never-agains.”
2. Right tool, right job. Will-based or trust-based, with the incapacity documents every adult needs.
3. Funding & follow-through. We help align titles, deeds, and beneficiaries so your plan actually works.
4. Check-ins. A light maintenance rhythm keeps your plan current as life changes.

If you’re in Rhode Island or Massachusetts and want a plan that avoids court detours, protects the people you love, and keeps family peace, let’s talk. We’ll cut through the myths, give you a straight path, and do the heavy lifting with you.
​
By Matthew Fabisch, Esq. - Former Rhode Island Probate Judge • Founder, Fabisch Law • Trusts & Estates Attorney • Father of Four

Rhode Island nursing home planning attorneys can provide help with making a nursing home plan. Making a plan is important not only for people who believe that the need for nursing home care is imminent, but also for people who may someday need to get care in a nursing home setting.  
 
Fabisch Law attorneys will work with individuals and families to determine both if a nursing home plan is needed and to determine what legal tools should be used to create a plan. Though it is often possible to help a client who has an emergency or crisis need for long term care, there are often better options that can save you and your family more money and ensure better care by making your plans long before you actually need care. Some of the reasons making a plan is so vital include the following:

There is a High Likelihood Care Will Be Needed
One of the biggest reasons why you should have a nursing home plan in place for your parents and yourself is because there is a high likelihood that at some point you will need nursing home care. The Wall Street Journal has reported that according to a study by the U.S. Department of Health and Human Services, more than 70 percent of people who are 65 years of age or older will end up requiring long term care services. A person who has reached the age of 65 has a 40 percent likelihood of eventually nursing home care and that same 65-year-old has a 20 percent chance of needing to spend five years or more in a nursing home environment.

Despite the likelihood that nursing home care will someday be required, too many people don’t make plans for the possibility of needing care. The result is that seniors or their families who have just experienced a medical emergency that makes it impossible for the senior to continue living on their own end up scrambling to find a home with an open bed. Yet, the immediate aftermath of a stroke, a fall, or another serious health incident is the worst time to be making important decisions about long-term care care.

Nursing Home Care is Expensive
The huge costs of nursing home care are also a big reason why a plan should be made in advance. In New England, nursing home care can easily cost more than $100,000 per year. Far too many families are simply unable to afford this cost for any length of time. Even those seniors who have been able to build up savings over the course of a lifetime find that this expense quickly depletes their lifetime of savings leaving nothing to pass on to their children and grandchildren.

Long-Term Nursing Home Care is Not Covered by Most Insurance
Unfortunately, while many seniors assume that Medicare will pay for their nursing home, in practice, this is unlikely to happen. Though Medicare covers very brief durations of time spent in skilled nursing facilities to receive specific specialized care. Medicare provides no coverage for custodial care at all, even though most people who go into a nursing home do so because they require custodial care.
Options for covering the costs of nursing home care are very limited if Medicare won’t pay. Long term care insurance is often prohibitively expensive, and the coverage may not be comprehensive, though considering the option of long term care insurance is one of the things we look at with you in putting together a plan. Paying out of pocket or getting Medicaid to pay for care could be the only two viable options. Unfortunately, Medicaid will pay only after you’ve spent away almost all of your wealth– unless you make plans in advance to protect your assets, including your home, while still qualifying for Medicaid coverage. Making a nursing home plan allows you to protect your money, property, and home and qualify to get Medicaid to cover you when you need care.

Planning Helps to Avoid the Risk of Nursing Home Abuse
According to the National Council in Aging, one out of every ten Americans aged sixty or older has been a victim of some kind of elder abuse. Though, unfortunately, too many cases of abuse are not reported, it is clear a substantial number of nursing home residents are neglected or are abused physically, emotionally, or sexually, or exploited financially.

Making a nursing home plan before you need care helps make sure you have the time you need to research care facilities in your area so you can find a high quality home with a good reputation, and where there is less of a chance that you or your parent will become the victim of abuse.

Getting Help from Rhode Island Nursing Home Attorneys
Rhode Island nursing home attorneys at Fabisch Law Offices can provide the comprehensive assistance that you need in finding a nursing home that will provide a high quality of care for you or your loved one. Our legal team will also assist you in taking the necessary steps to ensure you can afford to pay for the care you need it.

To find out more about the ways in which our legal team can help you, give us a call at 401-324-9344 or contact us online to get personalized advice from Rhode Island or Massachusetts nursing home attorneys with experience. Give us a call today to get your plans in place before it is too late and you suffer a medical event that necessitates you go into a nursing home.