Can a second wife contest a will?

A will cannot be contested until someone dies. Children are often disinherited as a result of their father's remarriage. To maintain domestic harmony with the new wife, the husband will often do whatever the new wife says, including doing...

Does a will override marriage rights?

Under California law, a marriage automatically invalidates any pre-existing will or trust as to the new spouse's inheritance rights, unless the documents provide for a new spouse, or clearly indicate a new spouse will receive nothing.

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Rhode Island Last Will and Testament for Divorced person not Remarried...

Rhode Island Last Will and Testament for Divorced person not Remarried with Adult Children

Name: Rhode Island Last Will and Testament for Divorced person not Remarried with Adult Children
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.75 (490 reviews)

Category:

Wills - For People with Children

State:

Rhode Island

Control #:

RI-WIL-0003-A

Format:

Instant download

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Description Will For Remarried People With Adult Children

The Will you have found is for a divorced person, not remarried with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions.

This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.

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How to fill out Rhode Island Last Will And Testament For Divorced Person Not Remarried With Adult Children?

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FAQ

If you remarry but don't draw up a new Will to reflect your new marriage, your existing Will is revoked, meaning you do not have a valid Will and your estate will be dealt with under intestacy rules.If you do not have surviving children, grandchildren or great grandchildren your spouse will receive the entire estate.

A will cannot be contested until someone dies. Children are often disinherited as a result of their father's remarriage. To maintain domestic harmony with the new wife, the husband will often do whatever the new wife says, including doing...

Under California law, a marriage automatically invalidates any pre-existing will or trust as to the new spouse's inheritance rights, unless the documents provide for a new spouse, or clearly indicate a new spouse will receive nothing.

You and your spouse may have one of the most common types of estate plans between married couples, which is a simple will leaving everything to each other. With this type of plan, you leave all of your assets outright to your surviving spouse. The kids or other beneficiaries only get something after you are both gone.

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Last Will and Testament for Divorced person not Remarried with Adult Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Rhode Island, but does contain basic and other provisions. A discussion of handwritten wills is not included.

Who May make a will: Every person of sane mind and eighteen (18) years or older in age, may devise, bequeath, or dispose of, by his or her will, executed in the manner required by this chapter, all real estate and all personal estate, which he or she shall be entitled to either at law or in equity at the time of his or her death and which, if not so devised, bequeathed or disposed of, would devolve upon the heir at law, or upon his or her executor or administrator, but not including an estate tail.
33-5-2

Nomination of guardian by will: Every person authorized by law to make a will may nominate by his or her will a guardian or guardians for his or her children during their minority, and a successor guardian or guardians for persons who are retarded for whom he or she had been appointed guardian during his or her lifetime, and the probate court shall appoint the guardian or guardians unless good cause be shown to the contrary; provided, that, in the case of husband and wife, the survivor, being otherwise qualified, shall be the guardian of their children. 33-5-4

Execution of will: A will shall be in writing and signed by the testator, and this signature shall be made or acknowledged by the testator in the presence of two (2) or more witnesses present at the same time, and the witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary, and no other publication shall be necessary. 33-5-5

Wills conforming to laws of other states: Any last will and testament executed outside this state in the mode prescribed by the law, either of the place where executed or of the testator's domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state; provided, the last will and testament is in writing and subscribed by the testator. 33-5-7

Revocation of will by marriage: The marriage of a person shall act as a revocation of a will made by him or her previous to the marriage, unless it appears from the will that it was made in contemplation thereof. 33-5-9

Revocation of provision in will for divorced spouse: The entry of a final judgment in the divorce of a person shall act as a revocation of all provisions for the benefit of the former spouse in a will made by the person prior to the divorce, unless it appears from the will that the will was made in contemplation of the divorce. All other provisions in the will shall take effect as though the former spouse had predeceased the person. 33-5-9.1

Methods of revoking will: A will may be revoked by another will or codicil executed in the manner required by law, or by some writing declaring an intention to revoke the will and executed in the manner in which a will is required to be executed, or by burning, tearing, or otherwise destroying the will by the testator, or by some person in his or her presence and by his or her direction, with the intention of revoking the will. 33-5-10

Deposit with probate clerk: A will may be deposited by the testator, or by any person for him or her, in the office of the probate clerk in the city or town where the testator lives, to be safely kept until delivered or disposed of as hereinafter provided; and the probate clerk, upon being paid a fee of ten dollars ($10.00), shall receive and keep the will and shall give a certificate of the deposit thereof. 33-7-1.

Wrapping and indorsement of will deposited: Every will intended to be deposited shall be enclosed in a sealed wrapper, with an indorsement thereon of the name and place of residence of the testator and of the date when and the person by whom it is deposited, and the wrapper may also have indorsed upon it the name of a person to whom the will is to be delivered after the death of the testator. A will, when so deposited, shall not be opened until it is delivered to a person entitled to receive it, or until it is otherwise disposed of as hereinafter provided. 33-7-2

Person to whom will delivered: During the lifetime of the testator, the will shall be delivered only to the testator himself or herself, or in accordance with his or her order, in writing, duly proved before the probate judge; and after his or her death it shall be delivered to the person named in the indorsement, if the person demands it. 33-7-3

Disposition of deposited will after death of testator: If the will is not called for by the person, if any, named in the indorsement, it shall be publicly opened at the first probate court held after notice of the testator's death, and shall be retained in the clerk's office until it is opened. If the jurisdiction of the case belongs to some other court, it shall be delivered to one of the executors named in the will, or to the clerk of the probate court having jurisdiction of the will, upon proper receipt therefor. 33-7-4

Duty of person in possession of will to deliver into court: Every person, other than a probate clerk, who has custody of a will shall, within thirty (30) days after notice of the death of the testator, deliver the will into the probate court which has jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into court within thirty (30) days after they receive the will; and if any executor or other person neglects, without reasonable cause, to deliver a will, after being duly cited for that purpose by the court, he or she may be adjudged to be in contempt and may be committed therefor to the adult correctional institutions and shall remain there until he or she delivers the will to the court; and he or she shall be further liable, to any party aggrieved, for the damage sustained by reason of the neglect.

Provided further, that a fiduciary nominated in a will may deliver such will to the probate court with an affidavit containing the following information, representations, and documentation:

(a) The date of death of the decedent accompanied by a certified copy of the decedent's death certificate;

(b) A representative that the funeral bill of the decedent has been paid, accompanied by a receipt therefor;

(d) A representation that the affiant has received no notice of the issuance of letters testamentary or letters of administration regarding the estate of the decedent, and that there are no assets of the decedent subject to probate. Upon receipt of such will and affidavit the probate clerk, upon being paid a fee of thirty dollars ($30.00), shall receive and keep the will and accompanying affidavit and shall give a receipt of the deposit thereof. 33-7-5

Penalty for theft, destruction, or concealment of will: Any person who shall either during the life of the testator or after his or her death steal or for any fraudulent purpose destroy or conceal any will or other testamentary instrument, either before or after probate, shall be imprisoned in the adult correctional institutions for a term of not more than five (5) years, and in any complaint, information, or indictment for the offense it shall not be necessary to allege that the will, codicil, or other instrument is the property of any person or that it is of any value. 33-7-7

Proof of purported will or codicil: In the absence of objection by anyone interested in the estate of a deceased person, the probate court may admit to probate a purported will or codicil of the deceased person upon oral testimony or affidavit in the following manner:

(1) The oral testimony of any one of the subscribing witnesses as to the due execution of any purported will or codicil shall constitute sufficient evidence thereof.

(2) An affidavit by the subscribing witnesses or any one or more of them, to any purported will or codicil, executed at any time after execution of the will or codicil, whether before or after the death of the testator, before any officer authorized to administer oaths in or out of this state, stating the facts as the witnesses or witness would be required to testify to in court to prove the will or codicil, shall constitute sufficient evidence of the due execution of the purported will or codicil.

(3) An affidavit substantially in the form that follows shall be deemed to meet the requirements of subdivision (2) of this section:

STATE OF

COUNTY OF

In . . . . . . . . . . on this . . . . . . . day of . . . . . . ., 19 . . . ., before me personally appeared the undersigned, who, being duly sworn, depose and say that: they witnessed the execution of the will (codicil) of . . . . . . .; that the signature to the will (codicil) is in the handwriting of the testator or was made by some other person for the testator, in the testator's presence and by the testator's express direction; that the testator so subscribed the will (codicil) and declared the same to be his last will (a codicil to his last will) in their presence; that they thereafter subscribed the same as witnesses in the presence of the testator and in the presence of each other; that at the time of execution of the will (codicil) the testator appeared to be of sound mind and eighteen (18) years of age or over; and that the signatures of the witnesses on the will are genuine.

Subscribed and sworn to before me on the day and date first above written,

Notary public
33-7-26

Last Will and Testament for Divorced person not Remarried with Adult Children

Provided further, that a fiduciary nominated in a will may deliver such will to the probate court with an affidavit containing the following information, representations, and documentation:

(a) The date of death of the decedent accompanied by a certified copy of the decedent's death certificate;

(b) A representative that the funeral bill of the decedent has been paid, accompanied by a receipt therefor;

(1) The oral testimony of any one of the subscribing witnesses as to the due execution of any purported will or codicil shall constitute sufficient evidence thereof.

(3) An affidavit substantially in the form that follows shall be deemed to meet the requirements of subdivision (2) of this section:

STATE OF

COUNTY OF

Subscribed and sworn to before me on the day and date first above written,

Notary public
33-7-26

Rhode Island Last Will and Testament for Divorced person not Remarried with Adult Children

Description Will For Remarried People With Adult Children

Related forms

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How to fill out Rhode Island Last Will And Testament For Divorced Person Not Remarried With Adult Children?

Form popularity

FAQ

What happens to my will if I remarry?

Can a second wife contest a will?

Does a will override marriage rights?

What type of will leaves everything to your spouse?

Trusted and secure by over 3 million people of the world’s leading companies

Rhode Island Last Will and Testament for Divorced person not Remarried with Adult Children

Description Will For Remarried People With Adult Children

Related forms

Viewed forms

How to fill out Rhode Island Last Will And Testament For Divorced Person Not Remarried With Adult Children?

Form popularity

FAQ

What happens to my will if I remarry?

Can a second wife contest a will?

Does a will override marriage rights?

What type of will leaves everything to your spouse?

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