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Someone must step forward to petition the probate court to become the Guardian for the individual. The individual and their family must be notified of the petition by the court. A guardian-ad-litum will meet with the individual to assess what the individual may want and what may be in the persons best interest.
A Rhode Island small estate affidavit is a form that can be used to speed the distribution of assets in certain estates. Any estate that is valued at less than $15,000 is considered a small estate. This helps avoid the long and costly process of traditional probate.
Making a Will in Rhode Island Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses. Store your will safely.
The process for appointing a conservator is very similar to the process for appointing a guardian. Our attorney files a petition with the court that includes facts showing the respondent is financially incapable and has money and property with amounting to a total determined by law.
In Rhode Island, city and town Probate Courts oversee the guardianship process and issue guardianship orders. The process of obtaining guardianship and the requirements for granting guardianship are established by state law. After a court appointment, the guardian becomes a substitute decision-maker for the ward.
The Guardian ad litem in a pending case shall protect the interests of the child who is a witness in any judicial proceeding related to the case in which the Guardian ad litem has been appointed. The Guardian ad litem shall explain, when appropriate, the Court proceedings and process to the child.
If you are in possession of a will of a deceased person, you must either file it with the appropriate court or deliver it to the person named in the will as executor, as under Rhode Island law the will is to be filed within 30 days after death.
A legal guardian cannot pass along their own inheritance to the child in their custody unless a special provision is made in their will. Adoption, on the other hand, is a process that legally terminates the rights of a child's legal or biological parents as they are placed into the custody of new adoptive parents.