01
A will alone
A will gives instructions for property that remains in your individual name at death. It does not manage incapacity, and it generally puts those assets through probate.
Estate Planning Law
Keep good intentions from becoming unintended results.
Estate planning is not only for wealthy families or older adults. It is how Rhode Island families keep a say in their property, their care, and the people who may need to step in.
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The reason to plan
No one gets a second chance to make an estate plan.
Estate planning is a plan for what happens while you are living, if you cannot manage your affairs, and after your death. It can name the people who act for you and give your family a clearer path through an emotional time.
The goal is not simply to distribute property. It is to keep control where it belongs and to make sure the legal result matches what you meant.
Advocacy With Integrity. Protection With Purpose.
Six common plans
Only one keeps control in your hands.
People often end up with one of these six arrangements. Each may seem sensible on its own, but the legal and practical result can be very different from the result a family intended.
02
Doing nothing
Rhode Island intestacy rules and a court process decide who handles the estate and who may inherit. Good intentions cannot direct what was never documented.
03
Joint ownership
Survivorship ownership can pass an asset to the surviving owner, but it postpones many problems and takes the asset outside your will.
04
Giving assets away
A gift may remove an asset from your plan, but it can also remove your control and create tax, creditor, divorce, or benefits consequences.
05
Beneficiary designations
Retirement accounts and insurance can transfer directly, but outdated forms, a minor, an incapacitated beneficiary, or a shared death can change the result.
06
A revocable living trust
A properly funded trust can manage assets during life, continue at incapacity, and pass property privately under instructions you can change.
Why shortcuts can surprise you
A simple transfer can create a complicated result.
Joint ownership, lifetime gifts, and beneficiary forms can be useful tools. They are not interchangeable with a complete plan.
Joint ownership
Joint ownership with right of survivorship usually postpones probate rather than avoiding it. The asset may still need probate when the surviving owner dies or if both owners die together.
The property passes outside your will. Adding a co-owner can create gift and income-tax consequences, expose the asset to that person’s creditors or lawsuits, and make later tax planning harder.
Removing a co-owner can be difficult if they refuse. If a co-owner becomes incapacitated, that person’s problems can become part of your property problem.
Giving assets away
Once a gift is complete, the asset is gone from your control. It can be sold, lost to a child’s creditors, or affected by a child’s divorce.
Property given during life generally keeps your original cost basis. Property inherited at death generally receives a new basis at its date-of-death value, which can change the capital gain if it is later sold.
Substantial gifts can also affect Medicaid or SSI eligibility for a period of time. Gifting can be useful in larger estates, but never give away an asset you may need.
Beneficiary designations
A beneficiary form can bypass probate, but the form may fail if the beneficiary dies first, you both die together, or you name your estate.
An incapacitated beneficiary can trigger court control of the funds. A minor beneficiary may need a court guardianship before anyone can manage the inheritance.
Individual beneficiary forms can also limit tax planning. They should be reviewed with the trust, will, and account rules rather than treated as a stand-alone answer.
What probate really means
A court process that does not begin automatically.
Probate is the court-supervised process that validates a will, pays debts and taxes, and distributes assets. It is also the legal process commonly needed to take a deceased person’s name off an individual title.
Someone must petition the court for probate to begin. Once it starts, assets can be tied up while the court, executor, creditors, and beneficiaries work through the required steps.
Common estimates place probate costs around 3–8% of an estate’s gross value, but the range is not a promise or a Rhode Island fee schedule. In some places, the calculation uses gross value before a mortgage is subtracted, and the time can stretch from many months to a couple of years or longer.
Why probate is public
A family matter can become a public record.
Heirs, asset amounts, addresses, and other estate information can appear in court filings. Public information can invite solicitations and expose details that a business owner or family would rather keep private.
- Probate does not automatically happen just because someone dies; a petition starts the process.
- A properly funded trust can keep most trust administration outside that court file.
- Real estate, accounts, and beneficiary forms still need to be coordinated.
Incapacity is part of the plan
A will cannot help while you are alive.
If you cannot handle your affairs, someone may need to petition a court. A court-supervised arrangement may be called a conservatorship or guardianship, depending on the legal setting and the state.
That process can involve public proceedings, court-approved expenses, detailed record-keeping, potential bonds and fees, and an appointee you did not choose. It also does not replace probate when you die.
A durable power of attorney can help when used properly, but relying on one document alone leaves real risks. A trust can give a named successor trustee a clearer, private path to manage trust assets according to your instructions.
Compare powers of attorney and trusts ↗The living trust solution
A trust holds the instructions before the crisis.
A revocable living trust works like a will in that it records your instructions, but it can also operate during life. When assets are re-titled from your individual name into the trust’s name, there may be nothing in your individual name for a court to control.
You do not give up day-to-day control. As grantor, you can generally buy, sell, invest, change, or cancel the trust while you are competent, and the transfer is generally treated as a non-event for federal income-tax purposes.
The trust can continue if you become incapacitated and can guide distributions to children or grandchildren. It can also keep trust administration more private than probate.
Grantor
The person who creates the trust and can usually change or cancel it while competent.
Trustee
The person or institution that manages trust assets now. You can often serve as your own trustee.
Successor trustee
The person who steps in if you become incapacitated or die, following the instructions already written.
Beneficiaries
The people or organizations who receive trust property under the plan, immediately or over time.
Funding is the practical step
A trust only controls what is actually transferred.
Signing a trust is not the finish line. Funding means changing ownership or beneficiary instructions so the trust can actually control the assets you intended it to manage.
- Re-title Rhode Island real estate and discuss how out-of-state real estate should be handled.
- Move appropriate bank, investment, and other titled accounts into the trust.
- Review insurance and account beneficiary designations so they do not contradict the plan.
- Use an assignment for many personal belongings that do not have formal titles.
Some assets, including certain retirement accounts, may be better left outside the trust. An attorney may have a good reason to exclude an asset, so funding should be coordinated rather than guessed.
You can handle this now, or pay courts and attorneys to handle it later when you cannot.
See the funding checklist ↗A phone-friendly comparison
Will, trust, or no plan?
The right arrangement depends on your family and assets. This overview shows why a revocable living trust is often chosen when incapacity, privacy, and control all matter.
If you become incapacitated
- Doing nothing
- A court may appoint someone.
- Will alone
- A will has no effect during life.
- Living trust
- A named successor trustee follows your instructions.
At death
- Doing nothing
- Rhode Island intestacy and probate control.
- Will alone
- The will is presented through probate.
- Living trust
- Trust assets are administered under the trust.
Court costs and legal fees
- Doing nothing
- Court supervision and professional fees may apply.
- Will alone
- Probate costs and legal work may apply.
- Living trust
- Private administration can reduce court involvement.
Time to distribute
- Doing nothing
- Depends on the court and family circumstances.
- Will alone
- Often many months, and sometimes longer.
- Living trust
- Often more direct when assets are funded and organized.
Privacy
- Doing nothing
- Court filings can become public.
- Will alone
- The probate record can expose heirs and amounts.
- Living trust
- Trust administration is generally private.
Flexibility and control
- Doing nothing
- You leave the result to default rules.
- Will alone
- Instructions begin at death only.
- Living trust
- You can change it, manage assets, and set conditions.
Minor children
- Doing nothing
- A court may decide who manages property.
- Will alone
- Can nominate a guardian, but property may still go through probate.
- Living trust
- Can name who manages property and when children receive it.
A pour-over will is still needed. It catches assets left outside a living trust and can nominate a guardian for minor children, although those assets may still pass through probate first.
Tax planning without false promises
Estate taxes are different from probate and income taxes.
Estate taxes are separate from income taxes and court costs. They are generally paid by the estate before assets are distributed and often must be paid in cash, with deadlines that can arrive before the family is ready.
For a married couple, leaving everything outright to the surviving spouse may use the marital deduction but can waste the first spouse’s exemption. A properly designed two-trust arrangement can divide the first spouse’s share, use both spouses’ available exemptions, and preserve control over how that share is managed.
Tax law changes. We will confirm the current rules and the right structure for your circumstances rather than present an old dollar amount as current law.
Connected Rhode Island planning
Your estate may touch more than one practice area.
A home, rental property, closely held company, or private note can change how an estate plan should be organized.
Explore the section
Plan with the full picture in view.
01
Will & Trust Packages
A coordinated set of documents for your wishes, your family, and the way you own property.
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02
Living Trusts
Keep control during life, plan for incapacity, and help your family avoid a public probate process.
Explore03
Powers of Attorney
Name a person to handle financial or legal matters when you cannot handle them yourself.
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04
Advance Directives
Put health care wishes and a trusted decision-maker in place before a medical crisis.
Explore05
Medicaid Planning
Coordinate long-term care, real estate, benefits, and family goals before a rushed decision.
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06
Probate Law
Understand the court process, public record, deadlines, and work that follows a death.
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07
Estate Administration
Guidance for executors, administrators, and heirs handling the legal work after a loss.
Explore08
Elder Law Planning
A broader plan for care, incapacity, benefits, and the people who may need to step in.
Explore
09
Special Needs Trusts
Support a loved one while protecting eligibility for important means-tested benefits.
Explore
One free copy, no obligation
A plain-English guide for Rhode Island families, published by Tomassi Law, LLC.
A practical place to begin
Understanding Estate Planning & Living Trusts
How To Avoid Probate, Save Taxes and More
This free booklet explains, in plain English, how estate planning works, how living trusts can help families avoid probate, and how thoughtful planning can help protect assets. It is general information for Rhode Island families—not legal advice—and it does not create an attorney-client relationship.
Read more about living trusts, probate, and estate administration, or contact the firm with a question about your own situation.
Requests are handled by the office Monday–Friday, 9:00am – 5:00pm; Saturdays by appointment only. You can also call 401-941-5291.
Your information is used only to send the booklet.
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Keep reading
Related guides
What Is Summary Release From Administration in Rhode Island?
Learn the general concept of summary release from estate administration in Rhode Island and why eligibility must be checked under current law.
Read guide ↗How Probate Can Affect Real Estate Sales in Rhode Island
Understand why a property in a decedent’s name can stall a Rhode Island sale, what authority buyers need to see, and how planning can help.
Read guide ↗How Probate Works When a Beneficiary Has Died
Learn how a Rhode Island estate may handle a gift when the named beneficiary has died and why backup planning reduces disputes.
Read guide ↗Clear answers
Frequently Asked Questions
Why does an estate plan matter if my estate is modest?
An estate plan can make your wishes clear, name people to act for you, and give your family a more organized path during a difficult time. The value of planning is not limited to the size of an estate; it also includes decisions about health care, finances, minor children, and beneficiary choices.
What is the difference between a will and a trust, and which one goes through probate?
A will gives instructions that take effect at death, while a trust holds and manages property under the trust terms. A will is generally presented through probate; assets properly held in a trust generally pass under the trust administration instead, although other assets may still require probate.
Is a will alone enough?
A will can be an important part of an estate plan, but it may not address incapacity, health care decisions, beneficiary designations, or how every asset will be handled. Whether additional documents are appropriate depends on your family, property, and wishes.
What is probate, and why do people try to avoid it?
Probate is the court-supervised process for handling certain assets and obligations after someone dies. People may seek to limit it because it can add administration, court involvement, public filings, and costs such as court filings, notices, professional services, appraisals, accounting, and maintaining property. The time and expense vary with the assets, debts, disputes, tax questions, and court requirements.
How can someone avoid probate, and what are the trade-offs?
Common planning tools include a properly funded revocable living trust, joint ownership with survivorship rights, beneficiary designations on accounts and insurance, and a transfer-on-death deed where that tool is available and appropriate. Each has trade-offs: joint ownership changes present control and can expose an asset to another owner’s problems, beneficiary designations must be kept current, a trust must be funded and administered, and a transfer-on-death deed depends on current law and careful drafting. Some assets may still need probate.
Clear answers
Living trust questions
These are general answers, not legal advice. The right document depends on the people, property, and goals involved.
Is a living trust only for wealthy people or older people?
No. A living trust can help any Rhode Island adult who wants a plan for incapacity, privacy, minor children, or a more orderly transfer of assets. The right question is what control and protection your family needs, not whether you fit an age or wealth stereotype.
Is a living trust expensive?
A trust has an up-front legal cost, and the amount depends on the people, property, tax questions, and documents involved. That cost should be weighed against court involvement, delay, professional fees, and family conflict that a well-designed and funded plan may reduce.
Does a living trust protect my assets from creditors while I am alive?
Usually not. Because a revocable living trust can be changed or cancelled while you are living, it generally does not shield your assets from your own creditors; after death, carefully drafted continuing trusts may protect assets from a beneficiary’s creditors.
Can a living trust be contested?
Yes. A trust can be challenged, but a properly prepared plan may keep the dispute in private administration rather than public probate. A contest can still be costly, so sound execution, clear capacity, and regular updates matter.
Do I still need a will if I have a living trust?
Yes. A pour-over will can catch assets left outside the trust and can nominate a guardian for minor children. Those assets may still need probate before they are moved into the trust, which is why funding remains important.
Is a living will the same as a living trust?
No. A living trust is a financial document for managing and distributing property, while a living will addresses certain medical treatment wishes. A broader health care proxy or advance directive for health care generally gives a trusted person authority to speak with providers and make decisions when you cannot.
Does a living trust reduce income taxes?
No. A revocable living trust is generally treated as your property for income-tax purposes, so it does not by itself reduce income taxes. Estate-tax planning is a separate question and may involve how a couple’s assets are divided and managed.
How long does it take to set up a living trust?
The timing depends on how quickly the family can gather information and how complicated the assets and goals are. The drafting is only part of the work; signing correctly and transferring the right assets are what make the plan usable.
Do I have to come back to change my trust?
A revocable trust can usually be changed or cancelled while you are competent. It is wise to review the trust after a marriage, divorce, birth, death, move, major asset change, or important change in the law.
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Start with a conversation
A complete plan starts with a conversation.
Talk with Tomassi Law about the people, assets, and wishes your estate plan needs to address.