PROBATE ADMINISTRATION When a loved one dies, in addition to questions regarding funeral and burial arrangements, a grieving survivor is often overwhelmed by the paperwork involved in transferring the assets to the survivor or other persons to whom the decedent chose to leave his or her property. Attorney Fabisch and his dedicated staff handles simple and complex administrations and will work to settle an estate expeditiously to help minimize the financial burden on survivors.
When a person dies in Rhode Island or Massachusetts, his or her estate often goes through a court-managed process called probate administration where the assets of the deceased are managed and distributed. If your loved-one had a will, normally an executor would be named and that person would petition the court to be in charge of managing the estate during the probate process. If a person died without a will (intestate), then a court will appoint an administrator. The administrator generally has the same responsibilities as an executor.
Every probate estate is unique, but most involve the following steps:
Filing of a petition with the proper Rhode Island probate court.
Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
Notice to creditors.
Notice to heirs under the Will or to statutory heirs (if no Will exists).
Inventory and appraisal of estate assets by Executor or Administrator.
Payment of estate debts to rightful creditors.
If necessary, the sale of estate assets.
Payment of estate taxes, if applicable.
Final distribution of assets to heirs.
Executor or Administrator released of any liability.
Contact one of our probate administration attorneys to learn more about the probate process and how we can assist the executor or administrator to ensure all of the probate steps are followed and the decedent's estate is closed in a timely fashion.
PROBATE LITIGATION We have experience in contested probate estate matters. Litigation over probate estates can involve disputes over various issues, including:
will contests based on, e.g., lack of capacity, undue influence, fraud, duress, coercion, lack of proper formalities, or bequests to disqualified beneficiaries (including caregivers and attorneys);
beneficiary claims;
accounting by Executor;
breach of fiduciary duty;
estate mismanagement; and
family disputes.
Although most estates are processed by the Probate Court without opposition and the estate assets are properly distributed according to either the decedent’s will or intestate law, a challenge to the provisions of a will or to the proper accounting of estate assets is a matter which requires effective legal representation. Of all forms of litigation, will contests, estate asset recovery proceedings and fiduciary accounting proceedings test the knowledge and skill of the lawyer and Attorney Fabisch is well versed in the substantive law and evidentiary rules associated with this specialized area of practice. As such, Attorney Fabisch is well situated to deal with the complex issues associated with this type of litigation.
Contact our office today at 401-324-3944 or admin@fabischlaw.com to discuss your claim involving a decedent's estate.
