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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2192
Experience:  Experience in estate planning including wills, trusts and succession planning.
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My Rhode Island wife died 2 years ago. We jointly owned a

Customer Question

My Rhode Island wife died 2 years ago. We jointly owned a boat, both names are ***** ***** title. Sale of the boat is supposed to close tomorrow. I paid off the remaining loan and am in possession of the title. My understanding is that providing a death certificate clears the title and that I am entitled to the proceeds from the sale. The estate, which is in probate because there was no will, is not entitled to any proceeds of the sale. Is this correct?
JA: Have you talked to a lawyer yet?
Customer: Other than the appointed estate attorney, no.
JA: Anything else you think the lawyer should know?
Customer: Think that's it
Submitted: 3 months ago.
Category: Estate Law
Expert:  J. Warren replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

My condolences on the loss of your spouse. Assets that are held jointly with right of survivorship pass to the surviving owner by operation of law and are not part of the probate assets. Provided that title to personal property is joint tenancy with right of survivorship, the sale from the property is not part of the probate estate and passes to the surviving owner.

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