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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29133
Experience:  29 years in civil, probate, real estate, elder law
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My husband died on January 6, 2013. His father passed a few

Resolved Question:

My husband died on January 6, 2013. His father passed a few years ago, but his mother passed in May of 2013. Everything but one home in Cranston, RI was inadvertently omitted from an estate plan that left everything to the sole remaining brother. I recently received a letter from the brother's lawyer stating that because my husband's name was on the title of this home, I am entitled to some money which is determined by my age, 64, and the fact that my husband had no will and no children. My brother in law wants to settle for $10,000, without going into probate. The house is worth in today's market around $175,000. Does this sound like a reasonable amount?
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Ray :

Hi and welcome to JA. I am Ray a licensed lawyer and will be assisting you tonight.

Customer:

thank you

Ray :

The siblings here under the Rhode Island laws of intestacy would inherit equal shares of the property you mention in probate.If there are just two of them here and the house is paid for this appears to an extremely low offer to resolve this matter.Granted probate would have to be opened but if you are husband's heir to me you would do better in probate.

Ray :

I woudl consider your own lawyer here locally to negotiate a better outcome.

Ray :

Here are the laws of intestacy.

Ray :

























If you die with:here’s what happens:


  • children but no spouse




  • children inherit everything




  • spouse but no descendants




  • real estate: spouse inherits up to $75,000 worth of your intestate real estate, plus the right to use the rest of it for life

  • personal property: spouse inherits $50,000 worth of intestate personal property, plus 1/2 of the balance




  • spouse and descendants




  • Spouse has the right to use your intestate real estate for life and inherits 1/2 of your intestate personal property outright

  • descendants inherit everything else




  • parents but no spouse or descendants




  • parents inherit everything




  • siblings but no spouse, descendants, or parents




  • siblings inherit everything


Customer:

thanks Ray

Ray :

You are welcome.

Ray :

This applies first to the inheritance of house to siblings and then your share of the husband's estate too again if there was no will involved in either place.

Ray :

To me they are starting real low.Either you use lawyer to counter claim here or you try yourself.

Ray :

You can locate a Rhode Island lawyer here.

Customer:

thank you

Ray :

You are so welcome.I think you might have an interest in the $75-$85k range.I would try and get a tax value for the property from the tax assessor here and then use the lawyer referral.

Ray :

To me that appears to be more of the half interest if there were two siblings who split a $175k house thats paid for.

Ray :

Because it appears you would be entitled to the $75 plus life estate in his half using laws of intestacy.You may want to verify all of that with the lawyer and using the tax appraisal.It sure appears to be worth a lot more than they are offering here.

Ray :

I wish you the best here in getting your fair share , thanks again.

Ray :

If you can leave a positive rating it is always much appreciated.

Ray :

Have a good evening.

Customer:

you got it thanks

Ray :

Take care and the best.

Customer:

I believe I should get a lawyer

Ray :

I think it will pay for itself here.I think a lawyer can get you a lot m ore.

Ray :

Honestly from what you present they are trying to steal it and give you peanuts.

Ray :

This was their first offer think they will come up with a lawyer.You deserve your fair share here nothing less.

Ray :

Use the lawyer referral they will work with you to locate a probate/real estate lawyer here to resolve this.

Customer:

It's just that his lawyer told me that because I am 64 I would only be entitled to about 20 thousand and because I live on a fixed income of 1200, I am about to lose my home in Cranston.

Ray :

I would hold out for a fair share here. Don't think they are being fare and I can see you need the money .

Ray :

Might allow you to save your home here.

Customer:

Yes

Ray :

A lawyer can help get you a much better resolution.I really believe that.

Customer:

But it will take some time right?

Ray :

It shouldn't take that long.They really need to resolve it with you so they can sell it.They may in fact have a buyer already.You never know here.

Customer:

Brother is renting it

Ray :

They have to buy you out of it.Otherwise in probate they would have to pay you your half. I mean they might get a little discount from you to settle now but this looks like they are really not trying to be fair.

Customer:

Thanks Ray. I will let you go. I am giving you Excellent Service.

Ray :

No problem.Thanks again.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29133
Experience: 29 years in civil, probate, real estate, elder law
Ray and 8 other Legal Specialists are ready to help you
Expert:  Ray replied 9 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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