Providence Wills & Probate Lawyer, Rhode Island


Includes: Estate Administration, Living Wills, Wills

J. Katherine  Scott Lawyer

J. Katherine Scott

Estate Planning, Trusts, Wills & Probate, Elder Law
Scott & Handwerger, LLP, is a boutique estate planning and estate settlement firm.

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401-654-6770

Stephen M. Robinson

Class Action, Family Law, Banking & Finance, Wills & Probate
Status:  In Good Standing           

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Charles H. White

Business Organization, Contract, Estate Planning, Wills & Probate
Status:  In Good Standing           

J. Katherine Scott

Estate, Estate Planning, Trusts, Wills & Probate
Status:  In Good Standing           

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Jennifer A. Niedzinski

Elder Law, Estate Administration, Estate Planning, Guardianships & Conservatorships
Status:  In Good Standing           

William J. Stanton

Elder Law, Estate Administration, Family Law, Guardianships & Conservatorships
Status:  In Good Standing           

Andrew H. Davis

General Practice
Status:  In Good Standing           

Andrew W. Davis

General Practice
Status:  In Good Standing           

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LEGAL TERMS

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)
A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

SAMPLE LEGAL CASES

Estate of Giuliano v. Giuliano

... Facts and Travel. 1. The Probate Court Proceedings. ... Shortly after the senior Mr. Giuliano's death, Patricia Lett, on behalf of the Estate of Louis J. Giuliano, Sr., filed with the Probate Court for the Town of Smithfield a petition to probate the purported will of Mr. Giuliano. ...

Tyre v. Swain

... The defendant initially was represented by an attorney who handled various matters before the probate court (the probate attorney). ... With his probate attorney's assistance, defendant retained a trial attorney, who entered his appearance on defendant's behalf in June 2003. ...

Fisher v. Applebaum

... The events giving rise to this litigation began when attorney Applebaum became involved in the estate of Esther Aiello in 1996 and opened a probate estate in an attempt to collect an unpaid funeral bill for his client, Quinn Funeral Home. ...