Problem with an estate with no will

[Recruiter 1]

A relative of ours died without a will. He lived in RI. The wife was not yet put on the deed. According to the lawyer she spoke to, she could live in the house until she died, but after that it would go back into his estate, to be divided amongst his relatives. Not what he wanted. I thought if there was no will, the estate would pass to the closest relative in its entirety - his wife. Could she then file a new deed with her name on it, and then, through her own will, pass it on to the people her husband would have wanted it to go to??
Thanks

 

[Zigner]

A relative of ours died without a will. He lived in RI. The wife was not yet put on the deed. According to the lawyer she spoke to, she could live in the house until she died, but after that it would go back into his estate, to be divided amongst his relatives. Not what he wanted. I thought if there was no will, the estate would pass to the closest relative in its entirety - his wife. Could she then file a new deed with her name on it, and then, through her own will, pass it on to the people her husband would have wanted it to go to??
Thanks

I take it that the relative had children?

You will want to Google the laws for intestate succession in Rhode Island...

 

[latigo]

A relative of ours died without a will. He lived in RI. The wife was not yet put on the deed. According to the lawyer she spoke to, she could live in the house until she died, but after that it would go back into his estate, to be divided amongst his relatives. Not what he wanted. I thought if there was no will, the estate would pass to the closest relative in its entirety - his wife. Could she then file a new deed with her name on it, and then, through her own will, pass it on to the people her husband would have wanted it to go to?? Thanks

Does this answer your question?

Rhode Island General Laws _ 33-25-2 Life estate to spouse. – "(a) Whenever any person shall die leaving a husband or wife surviving, the real estate owned by the decedent in fee simple at his or her death shall descend and pass to the husband or wife for his or her natural life . . . . . "

 

[Recruiter 1]

I take it that the relative had children?

You will want to Google the laws for intestate succession in Rhode Island...

You are correct. The brothers and sisters had children. Unfortunately, due to prior circumstances, he was not on speaking terms with any of them. Therefore, he did not want any of them to gain any control of his estate. It may be too late now for him to set the record straight, but his wife is hoping she can do right by him now.

 

[Zigner]

You are correct. The brothers and sisters had children. Unfortunately, due to prior circumstances, he was not on speaking terms with any of them. Therefore, he did not want any of them to gain any control of his estate. It may be too late now for him to set the record straight, but his wife is hoping she can do right by him now.

The attorney she spoke to told her what she could expect. It's not her property to pass on to anyone. She only has the right to live there during her lifetime.

 

[tranquility]

The attorney she spoke to told her what she could expect. It's not her property to pass on to anyone. She only has the right to live there during her lifetime.

She has the right of possession for her lifetime. She could rent her life estate out if she wanted.

 

[Zigner]

She has the right of possession for her lifetime. She could rent her life estate out if she wanted.

Fair enough...

 

[Recruiter 1]

I take it that the relative had children?

You will want to Google the laws for intestate succession in Rhode Island...

Based on what I see, with no dependants:
•real estate: spouse inherits up to $75,000 worth of your intestate real estate, plus the right to use the rest of it for life
•personal property: spouse inherits $50,000 worth of intestate personal property, plus 1/2 of the balance

Now comes the question whether she can place her name on the deed for up to the current value of $75,000, relative to the total property value?

 

[Zigner]

Based on what I see, with no dependants:
•real estate: spouse inherits up to $75,000 worth of your intestate real estate, plus the right to use the rest of it for life
•personal property: spouse inherits $50,000 worth of intestate personal property, plus 1/2 of the balance

Now comes the question whether she can place her name on the deed for up to the current value of $75,000, relative to the total property value?

You said there were children...

 

[Recruiter 1]

You said there were children...

Sorry. The brothers and sisters have children. They don't have any children of their own. According to what she was told, she could live in the house as long as she lived, but then the house would go back into his estate to be divided between his heirs (brothers and sisters) or their children if they had passed. What he actually wanted was for her to live there during her lifetime, then have it pass to his cousin - bypassing the brothers and sisters. Now she is trying to salvage as much as possible for the cousin.
She was told, the only way around the issue was to buy out the brothers and sisters portion.

 

[Recruiter 1]

Here's another thought.

They had been living together for nearly 30 years, unmarried. They finally got married a few years ago. During that entire period of time she helped add to the value of the house and household, including repairs and add-ons. Does she get any credit for her "sweat equity" that she contributed?

 

[Zigner]

Here's another thought.

They had been living together for nearly 30 years, unmarried. They finally got married a few years ago. During that entire period of time she helped add to the value of the house and household, including repairs and add-ons. Does she get any credit for her "sweat equity" that she contributed?

You mean for the rent she paid?

 

[tranquility]

They had been living together for nearly 30 years, unmarried. They finally got married a few years ago. During that entire period of time she helped add to the value of the house and household, including repairs and add-ons. Does she get any credit for her "sweat equity" that she contributed?

I don't know RI law in detail. But, my state, CA really, really, really likes to award rights for such things. Really. It would be extremely interesting to me for someone to post of any state that really awards rights under such facts that would give more to the non-married partner than California would.

With that in mind, the key would be the specific contract. Not the deal they thought in the back of their mind or the deal that might be fair; the deal that was *expressly* agreed to. If the "repair and add-ons" were made by the wife when unmarried, I'd say that was a gift. "Sweat equity"? Even more. [Again, without any specific knowledge of RI law but specific knowledge of CA law which is probably the most generous of the states in such situations.] ONLY if there was a specific agreement of wife did this so she gets that, would any rights transfer. Because this of and concerns land, I suspect the agreement would have to be in writing.

 

[Recruiter 1]

I don't know RI law in detail. But, my state, CA really, really, really likes to award rights for such things. Really. It would be extremely interesting to me for someone to post of any state that really awards rights under such facts that would give more to the non-married partner than California would.

With that in mind, the key would be the specific contract. Not the deal they thought in the back of their mind or the deal that might be fair; the deal that was *expressly* agreed to. If the "repair and add-ons" were made by the wife when unmarried, I'd say that was a gift. "Sweat equity"? Even more. [Again, without any specific knowledge of RI law but specific knowledge of CA law which is probably the most generous of the states in such situations.] ONLY if there was a specific agreement of wife did this so she gets that, would any rights transfer. Because this of and concerns land, I suspect the agreement would have to be in writing.

Here's another thought. They were living together for nearly 30 years, then got married about 5 yrs ago. For nearly the entire period, they would combine their income and monies. She would take care of paying all the household bills and paperwork. She also had an equal say in all household and building maintainance, add-ons and improvements. With this in mind, would/could this have any bearing on the amount she is entitled to from the property under the Interstate Succession Laws?

 

[Zigner]

Here's another thought. They were living together for nearly 30 years, then got married about 5 yrs ago. For nearly the entire period, they would combine their income and monies. She would take care of paying all the household bills and paperwork. She also had an equal say in all household and building maintainance, add-ons and improvements. With this in mind, would/could this have any bearing on the amount she is entitled to from the property under the Interstate Succession Laws?

Nope .