Estate Planning · Rhode Island
We see it more than we should. A family comes in after losing a loved one, ready to move forward with probate, and they hand us a copy of a will. Sometimes they don’t even know it’s a copy. It was presented to them as the real thing, and they trusted that.
Here’s the problem: in Rhode Island, if the original will cannot be produced, the law presumes it was intentionally destroyed by the person who made it — and destruction is treated as revocation. That means the will may be considered invalid, as if it never existed. Depending on the judge, the standard for rebutting that presumption can be very difficult to meet. What should have been a straightforward probate becomes an uphill legal fight.
There’s another piece most people don’t know about. A properly executed will includes more than the will itself — it requires a separate witness affidavit, signed at the time of execution. Without that document attached, probating the will becomes significantly harder. Some attorneys hold onto that page too.
Why would an attorney do that? The honest answer is that it creates future business. When you eventually need to probate the estate — or you need to update your documents — you have to call them. They retain your originals, you hit a wall, and suddenly they have new work. You’re not a former client, you’re a dependency. The cost to you is that you leave the office without what you think you’re leaving with.
We think that’s wrong. So here’s what we do instead.
When you have your estate planning done here:
- You leave with your original documents — every page, every attachment
- You also receive complete copies of everything
- Nothing is held back, nothing is retained by this office
- We walk you through what you have and why each piece matters
Our office could burn down. We could retire. Something could happen to us. None of that should matter to you — because you already have everything you need. You paid for documents that work without us. You should leave with documents that work without us.
If you want to call us down the road, we’re happy to help. But you won’t be forced to. That’s the difference.
Concerned about documents you received from another attorney?
We’re glad to review what you have and tell you honestly where things stand. No pressure, no agenda.
