Rhode Island Sample Letter regarding Motion to Sell Property of an Estate

State:
Multi-State
Control #:
US-0846LTR
Format:
Word; 
Rich Text
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Motion to Sell Property of [Estate Owner's Name] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to you as the representative of the estate of [Estate Owner's Name] to formally submit a motion to sell a property belonging to the estate, pursuant to the laws and regulations of the State of Rhode Island. The property in question is located at [Property Address], and it is currently an asset of the estate following the passing of [Estate Owner's Name]. Due to various reasons, such as financial constraints, maintenance expenses, or the desire to meet specific bequests outlined in the deceased's will, it has become necessary to sell the property. I would like to highlight that this request is made in accordance with the Rhode Island General Laws, specifically Title [Relevant Title], Section [Relevant Section], which governs the powers and responsibilities of estate representatives in the state. This section empowers me, as the estate representative, to initiate the sale of estate property for the benefit of the estate's beneficiaries and to fulfill the obligations imposed by the deceased's will or the court. Before proceeding with the sale, we have taken all necessary steps to ensure compliance with the legal requirements set forth by the state authorities. These steps include providing an appraisal of the property's current market value, engaging real estate professionals to facilitate the sale process, and obtaining necessary approvals from all interested parties. In support of this motion, I have attached several documents for your review: 1. Official appraisal report of the property prepared by a licensed appraiser, demonstrating its fair market value. 2. Proposed marketing strategy, outlining the planned approach to maximize exposure and attract potential buyers. 3. A list of interested parties, such as heirs, beneficiaries, and any other involved stakeholders, who have consented to the sale of the property. 4. Copy of the will or any relevant legal document that addresses the disposition of estate assets. 5. Details of any outstanding liens, mortgages, or financial encumbrances on the property, along with a proposed plan to settle these obligations from the proceeds of the sale. We kindly request that you carefully consider this motion to sell the property of the estate and provide your approval or any feedback within [specific timeline, if applicable]. Your prompt response will enable us to proceed in a timely manner and fulfill our fiduciary responsibilities. In closing, we assure you that we will act diligently and transparently throughout the entire selling process, ensuring compliance with all legal requirements and regulations. If you require any additional information or have any concerns, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Title/Role] [Your Estate Representative ID, if applicable]

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FAQ

In Rhode Island, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

If a person dies with less than $15,000 of personal property, probate may be shortened under the "small estate" provision. The executor of the estate will have to file the necessary forms with the probate court, but the waiting time for the closure of these estates is typically much shorter and far less costly.

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.

In Rhode Island, executor fees are not explicitly stipulated by statute. Instead, the state allows for "reasonable" compensation, which is determined on a case-by-case basis. This ambiguity can be both a benefit and a drawback, depending on the complexity of the estate and the amount of work required by the executor.

If you are in the trade or business of being an executor, report fees received from the estate as self-employment income on Schedule C (Form 1040), Profit or Loss From Business.

Probate Fees Probate of Will Advertisements (Hearing & Qualification) Total$34 $60 $94Setting Off/Allowing Real Estate In-Fee to Surviving Spouse AdvertisementNo Fee $30Copies of Probate Documents (per page)$1.50Certification (plus copy cost)$3Exemplified Copy of File Contents (plus certification and copy costs)$1028 more rows

California Probate Fee Calculator: Calculate Attorney & Executor... For the first $100,000 of the estate value, both parties get 4%. For the next $100,000, they get 3%. For the following $800,000, they get 2%. For the next $9 million, they get 1%. For the following $15 million, they get 0.5%.

The length of time an executor has to settle an estate in Rhode Island can vary significantly, usually ranging from several months to over a year, depending on factors such as the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.

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Please note that there are several forms that are not available online. If you need any of these forms, contact the appropriate Probate Court. [You will need ... Attach legal description of real estate to be sold/mortgaged. DATE FILED. FOR. COURT USE ONLY. PETITION FOR THE SALE OR MORTGAGE OF REAL ESTATE.Nov 18, 2021 — Conveyance of the Seller's interest as aforesaid in the Real Estate shall be made by a Receiver's Deed and by a Receiver's Bill of Sale in ... § 33-24-1. Voluntary informal administration of small estates. (a) If a resident of Rhode Island dies leaving an estate consisting entirely of personal property ... (f) A voluntary executor shall, as far as possible out of the assets which come into his or her hands, first discharge the necessary expenses of the funeral and ... Summaries of actions taken and time expended are acceptable only in rare circumstances and at the Probate Judge's discretion. Petitions for Sale of Real Estate. PETITION FOR SALE OR MORTGAGE OF REAL ESTATE: Before a petition for sale is ... a petition for Voluntary Administration, pursuant to RI General Law 33- 24.1. PETITION FOR SALE OR MORTGAGE OF REAL ESTATE: Before a petition for sale is ... ($15000.00) or less as defined in RI General Laws§ 33-24 may file a petition for ... Personal Property (Petition to sell) (Advertisement not required). $34. Change ... Setting Off/Allowing Real Estate In-Fee to Surviving Spouse Advertisement. No ... In any uncontested matter or matter on waiver, the Rhode Island Rules of Evidence will be ... PETITION FOR SALE OR MORTGAGE OF REAL ESTATE. A petition for sale or ...

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Rhode Island Sample Letter regarding Motion to Sell Property of an Estate