• No one wants to think about their own death or that of a loved one. Preparing for this inevitability, however, is essential. You must make sure that your financial house is in order before you pass. Rhode Island life estate laws oversee the transition of your property to your family and loved ones after your death. When drafting a will, you should always have a qualified attorney. Familiarity with the basics of the law will help you communicate your needs.
  
  

Child's Guardian

• After your passing, someone will have to look after your minor children. For children under the age of 14, you must appoint a guardian or the probate court will appoint one for you. Children over the age of 14 may nominate their guardian. This nomination is subject to approval by the court per section 33-15.1-5 of Rhode Island state law. The guardian is in charge of any assets inherited by the minor. State law gives the minor the right to sue in a court of law to have her assets handled in a different manner, pursuant with section 33-15.1-24.
  
  

Abandoned Property

• Rhode Island law contains provisions for unclaimed or unwilled property. Real estate that has not been willed is claimed by the town, unless there is a clear heir to the property, such as a spouse or child. Those in physical possession of such property who refuse to turn it over are subject to prosecution by the town's treasurer. After the property has been held by the town for 10 years, it must be sold. Any profit turned on the property is retained by the town.
  
  

Debt Payments

• You may pass with unpaid debts and creditors. When your personal property fails to cover outstanding debts, the state requires that your real estate must be sold or mortgaged per section 33-12-4. The state further enumerates the order in which debts must be paid: funeral expenses, necessary health costs from your final illness, debts due to the federal government, debts due to the state government, child support payments, unpaid wages, money owed to the Rhode Island state lottery, debts created in the last six months and then all other debts.
  
  

Witnesses

• Rhode Island probate law has regulations regarding who may witness the signing of a will. Witnesses who are provided with gifts for the purpose of witnessing are void under state law, pursuant with section 33-6-1. Executors and trustees are allowed to witness the signing of a will per section 33-6-4, as are creditors in line with 33-6-2.