Inheritances, whether you’re bequeathing or receiving, involve many types of law, from probate to Elder Law, estate planning, tax law, and even retirement planning. As an experienced Rhode Island inheritance lawyer, we wear a lot of hats. Our legal team helps you understand how to plan for retirement and receiving Medicaid so you can leave something for your children, guide you through probate if you’ve been named the executor of a will, or set up a Special Needs Trust to improve your special needs child’s life. Most of us want to leave an inheritance for those we love and feel a responsibility to provide for them after we pass away.
At McCarthy Law, LLC, we practice all the types of law that comprise a robust inheritance law practice. If you’ve recently received money, we can help you learn your options for investing, saving, or spending. If you want to leave your children assets, we can help you reduce estate taxes and avoid probate. Please contact us for a consultation for professional estate planning and inheritance advice tailored to your financial goals and obligations.
Benefits Of Working With Inheritance Attorneys
There are a lot of DIY inheritance forms on the internet, but they don’t come close to personalized advice from a real attorney. Rhode Island’s Estates Code is subject to change every year and is open to interpretation to form a body of case law. Our lawyers stay up to date on changes in the law that could affect your estate plan, inheritance, and financial goals, then guide you to the right solution.
We also help you create the legal documents that form your estate plan. Most people think that estate planning starts and ends with a will, but in fact, it includes trusts, like a Medicaid trust to help preserve your assets when you’re older, Power of Attorney, naming someone as your legal agent should you become unable to advocate for yourself, life insurance, and a guardianship designation for your minor children. Our attorneys create the right legal protections so you can face the future knowing you have a plan.
We don’t take a one-size-fits-all approach to inheritance matters because everyone’s needs differ.
Helping You Achieve Your Financial Goals
Do you need help managing an inheritance? We can advise you of different types of investments that can help you enjoy your assets now and prepare for the future.
Have you been passed over in someone’s will, and not received the inheritance you should have? Or, maybe someone is challenging the inheritance you received, and you’re not sure how to defend yourself. We represent people on both sides of will challenges and can explore your legal options to secure or preserve what is rightfully yours.
Do you want to leave something for your children but think you can’t afford it? Our Rhode Island inheritance lawyer can help you build a legacy in small, achievable steps.
Whatever your inheritance needs or questions, McCarthy Law, LLC, can handle them. Please call us today for your consultation.
How State Laws Shape The Inheritance Process
When a person dies, it often raises immediate questions about who will receive their assets. Inheritance law sets the rules for how a person’s assets are transferred after death. These laws vary from state to state, but they generally follow two tracks: one for those who leave a valid will, and another for those who don’t. Whether an estate goes through probate or is handled through a trust or other transfer method, understanding how state rules apply can help families make informed choices and reduce the chance of disputes. Anyone with questions about distributing property after a death should consider speaking with a Rhode Island inheritance lawyer to better understand how local laws apply.
Wills And Intestate Succession In Practice
Our probate lawyer shares that if a person dies with a will, the court typically uses it as a guide to distribute the estate. The executor named in the will is responsible for carrying out the wishes of the deceased, handling debts, filing paperwork, and making distributions. But when no will exists, the estate goes through intestate succession. This process relies entirely on state law to determine who gets what. Usually, spouses, children, and sometimes other close relatives inherit first, but situations involving blended families, unmarried partners, or estranged relatives can complicate matters quickly.
Probate courts play an active role in either case. They make sure the process follows legal procedures, from validating the will to settling debts and overseeing how the estate is divided. While probate is often seen as time-consuming, it's designed to protect the interests of all parties involved.
Legal Support Can Make A Difference
Family members often find themselves in disagreement over how a loved one’s estate should be handled. These disputes can stall the probate process or even result in lawsuits. Sometimes, the problem stems from unclear wording in the will or confusion over state laws. In other cases, heirs may question whether the deceased was influenced or mentally capable at the time the will was created.
This is where working with an attorney becomes valuable. A Rhode Island inheritance lawyer can help clarify the law, review documents, and represent clients during probate hearings. When estates involve large assets, out-of-state property, or complicated family dynamics, legal advice from our estate attorney can help prevent delays and limit future challenges.
Why Regular Estate Planning Updates Matter
Even a well-prepared estate plan can cause problems if it’s outdated, which is why it’s critical to work with an estate planning attorney on a regular basis. People often forget to update their wills or trusts after major life changes like marriage, divorce, or the birth of a child. When outdated documents don’t reflect someone’s current wishes, it creates confusion for heirs and room for conflict. Reviewing and updating plans every few years—or after significant events—can help keep things clear and avoid costly disputes later on.
Helping You Prepare For The Future With Confidence
Inheritance law affects several aspects of a person’s financial affairs and family relationships. From drafting a valid will to settling an estate in court, every step matters. A Rhode Island inheritance lawyer can offer clarity on what to expect and how to move forward, whether you're creating a plan or dealing with the estate of a loved one. At our firm, we operate under the concept that relationships and family are of the utmost importance. Our team is driven by diligence and a commitment to ethical excellence, we aim to empower our clients, fostering trust and delivering tailored solutions that uphold their best interests. If you have questions about your rights or responsibilities, we invite you to reach out to McCarthy Law, LLC to discuss your situation.