Many married couples assume that if one spouse dies without a Will, everything automatically goes to the surviving husband or wife.
In Rhode Island, that is not necessarily true.
Rhode Island law gives a surviving spouse important protections, but those protections may be much more limited than married couples expect. Depending on how property is titled, whether the deceased spouse had children or other surviving relatives, and what assets are involved, a surviving spouse may not receive outright ownership of everything the deceased spouse owned.
That is one of the most important reasons married couples in Rhode Island should consider putting an estate plan in place before it is needed.
What Happens if a Married Person Dies Without a Will in Rhode Island?
When someone dies without a valid Will, that person is said to have died intestate.
Rhode Island's intestacy laws then determine who receives property that passes through the deceased person's probate estate.
The result may not be what the couple expected.
Rhode Island law also treats real estate and personal property differently, which can create particularly surprising results when the marital home is owned in only one spouse's name.
Does a Surviving Spouse Automatically Get the House?
Not always.
Under Rhode Island's intestacy laws, individually owned real estate may pass to the deceased person's children or other relatives, subject to certain rights of the surviving spouse.
R.I. Gen. Laws § 33-1-5 generally gives the surviving spouse a life estate in the deceased spouse's intestate real estate.
A life estate is not the same thing as outright ownership.
It generally gives the surviving spouse the right to possess and use the property during his or her lifetime. But other heirs may own the remainder interest.
That distinction can have major practical consequences.
Consider a married couple living in a home titled only in one spouse's name. If the titled spouse dies without an effective estate plan, the surviving spouse may have the right to remain in the property but may not necessarily have full ownership of it.
That can complicate decisions involving:
- selling the home;
- refinancing the mortgage;
- borrowing against the property;
- making gifts of the property; or
- deciding who will ultimately inherit the property after the surviving spouse dies.
For many married couples, this is not the result they would have chosen.
Can a Surviving Spouse Ask the Probate Court for More?
Rhode Island law does provide an additional protection.
Under R.I. Gen. Laws § 33-1-6, a surviving spouse may, in qualifying circumstances, petition the Probate Court for an allowance of intestate real estate in fee having a net value of up to $150,000.
That can be an important protection, but it also illustrates the difference between relying on Rhode Island's default laws and having an estate plan.
The surviving spouse may need to file a petition, comply with statutory deadlines, and obtain an order from the Probate Court.
The statutory amount may also be significantly less than the value of the family home.
If the couple's intention is that the surviving spouse should own the home outright, it is usually better to address that intention before death rather than leave the surviving spouse to resolve ownership through probate afterward.
What Happens to Bank Accounts and Other Personal Property?
Personal property is governed by different intestacy rules.
Under R.I. Gen. Laws § 33-1-10, if the deceased spouse leaves descendants, the surviving spouse generally receives one-half of the surplus probate personal estate after payment of debts, funeral expenses, and estate administration expenses.
That means the surviving spouse may receive only half of the probate personal property.
If there are no descendants, the surviving spouse generally receives the first $50,000 plus one-half of the remaining surplus personal estate.
The remaining property may pass to other relatives under Rhode Island's intestacy laws.
For a married couple who assumed that everything would pass automatically from one spouse to the other, that can be an unexpected result.
What if the Deceased Spouse Had a Will?
Having a Will can substantially improve the situation, but Rhode Island law also protects surviving spouses from complete disinheritance.
Under Rhode Island's elective-share laws, a surviving spouse may have the right to reject what was provided under the deceased spouse's Will and instead claim statutory rights in the estate.
Those rights are subject to legal requirements and deadlines.
The broader point is that Rhode Island law gives married people certain protections, but it does not simply assume that one spouse should receive everything owned by the other spouse.
Couples who want a different result should plan for it.
Does a Will Control Everything a Married Couple Owns?
No.
A Will generally controls only property that passes through the probate estate.
Many common assets pass outside probate based on ownership or beneficiary designation instead.
Examples may include:
- jointly owned real estate with survivorship rights;
- jointly owned bank accounts;
- retirement accounts;
- life insurance;
- payable-on-death accounts;
- transfer-on-death accounts; and
- assets properly transferred into a trust.
This is why estate planning for married couples involves more than simply preparing two Wills.
The way assets are titled can be just as important as what the Will says.
Why Married Couples Should Review How Their Home Is Titled
For many families, the home is their most valuable asset.
A married couple should know whether the property is owned:
- by one spouse individually;
- by both spouses jointly;
- with survivorship rights; or
- through a trust or other arrangement.
The answer can significantly affect what happens when the first spouse dies.
Couples who purchased a home many years ago, inherited property, refinanced, married later in life, or transferred property for financing or estate-planning purposes should not assume that the title reflects what they currently intend.
Estate Planning Is Especially Important for Blended Families
The need for planning can become even more important when either spouse has children from a prior relationship.
A married person may want to provide financial security for a surviving spouse while also making certain that children ultimately inherit particular assets.
Rhode Island's default intestacy rules may not accomplish that balance.
A properly structured Will or trust can address questions such as:
- whether the surviving spouse should receive the home outright;
- whether the surviving spouse should have the right to live in the home during life;
- when children should receive an inheritance;
- whether assets should remain in trust;
- who should manage the property; and
- what happens if the surviving spouse later remarries.
These decisions are much easier to make while both spouses are able to discuss them together.
Estate Planning Also Addresses Incapacity
Estate planning is not only about what happens after death.
A married couple should also consider what happens if one spouse becomes incapacitated and cannot manage financial or healthcare decisions.
A complete estate plan may include documents such as:
- a durable financial power of attorney;
- a healthcare power of attorney;
- a Will; and
- where appropriate, a revocable trust.
Marriage alone does not necessarily give one spouse unlimited authority to manage every asset or make every decision for an incapacitated spouse.
Planning ahead can reduce the likelihood of court involvement and make it easier for one spouse to assist the other during a medical crisis.
Rhode Island's Default Rules Are a Safety Net — Not an Estate Plan
Rhode Island law provides important protections for surviving spouses.
But those laws are designed to provide default rules when someone has not made his or her own plan.
A statutory life estate is not the same thing as owning a home outright.
Receiving one-half of an estate is not the same thing as receiving the entire estate.
And having the right to petition the Probate Court after a spouse dies is not the same thing as having ownership settled clearly in advance.
For many married couples, estate planning is relatively straightforward when it is done proactively.
The goal is not necessarily to create a complicated plan. Often, it is simply to make sure that the couple's intentions are reflected in legally effective documents and in the way their assets are owned.
Questions About Estate Planning for Married Couples in Rhode Island?
If you are married and unsure what would happen to your home or other assets if either spouse died, reviewing your estate plan and the ownership of your major assets can help identify problems before they become probate problems.
An estate-planning review can also help determine whether your current Will, beneficiary designations, powers of attorney, and property ownership still reflect what you and your spouse intend.
This article is provided for general informational purposes only and does not constitute legal advice. Estate-planning results depend upon individual circumstances, including family relationships, the nature and value of assets, and how those assets are titled. Anyone with questions concerning a Rhode Island estate plan should obtain advice regarding his or her particular circumstances.