Rhode Island divorce and inheritances can and often do become a little more complicated than most parties in a divorce action would like. As with most divorces there can be quite a bit of emotion by one party or both and the instinctual nature of the parties is to try to apply common sense to what should happen to an inheritance in a divorce. Many times that common sensical approach can be right. Yet it's the job of lawyers to make our best arguments in an effort to achieve the best possible results for our clients.
Consider this scenario of an inheritance issue.
Drake and Colleen have been married for fifteen (15) years. They have several children and get along famously with Drake's parents who have a grand home in Narragansett, Rhode Island. In the early years of their marriage Drake, Colleen and their children frequently visited Drake's parents and stayed with them in their Narragansett home.
While both of the Drake's parents are alive they spoke with Drake and Colleen and told them, in the presence of several witnesses, that they would amend their wills and that when they die Drake and Colleen will inherit the Narragansett property.
Drake's mother passes away suddenly and the visits to Narragansett become less frequent.
Drake has grown out of love with Colleen and he files for divorce in Providence Family Court. While the divorce proceedings are pending Drake's father passes away leaving the Narragansett home and a $20,000 bank account solely to Drake.
Now ask yourself if you know the answers to these legal questions:
Can Colleen claim an interest in the Narragansett home if she can produce one or more witnesses who heard the Drake parents talk about amending their Wills?
Does it make any difference that Drake's parent's used the word "would" when talking about amending their Wills instead of the words "should" or "will"?
Would it matter if Colleen heard the real estate taxes were coming due on the Narragansett home and she ran down to the tax collector's office in Narragansett and paid the first quarter of the taxes without Drake knowing it?
Assume that Drake wants to use the $20,000 bank account he inherited to make badly needed repairs to the Narragansett home. Drake puts the $20,000 into his joint bank account with Colleen temporarily (only for two weeks) before transferring the monies into a new account that is just in his own name. Does this pose any issues with the monies?
What issues might this pose with the Narragansett home, if any?
Authored by:
Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI 02910
Phone: (401) 354-2369
Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.
NOTE: The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue. This site is based on Rhode Island and is presented for the convenience of the internet public.
* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.
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