Very few families expect that after a loved one passes away, they will find themselves in a courtroom, yet trust and estate disputes arise more often than people realize, especially when significant assets are involved or when there are long-standing family tensions that were never fully resolved. If you are currently dealing with questions surrounding a will, a trust, or the actions of an executor or trustee, the Providence trust and estate dispute lawyers at Caprio Law are here to represent you. Contact us today so we can discuss your case.
A trust or estate dispute arises when there is a disagreement over how a person’s assets are being handled after their death, or, in some cases, how a trust is being administered during their lifetime. Estate disputes typically involve the following:
Trust disputes, on the other hand, typically focus on the actions of a trustee and include the following:
In Rhode Island, probate generally begins in the Probate Court for the city or town where the decedent resided. If there is a will, it is presented to the court for probate. If there is no will, the court may appoint an administrator to handle the estate.. From there, notice is given to heirs and beneficiaries, estate assets are identified and valued, valid debts and taxes are paid, and remaining assets are distributed according to the will or, if there is no will, under Rhode Island’s intestacy laws.
Disputes often arise during the administration process. Beneficiaries may question whether assets have been fully disclosed, whether valuations are accurate, whether distributions are being delayed without good reason, or whether the fiduciary is acting impartially and in accordance with the law.
A will may be challenged in Rhode Island, but only on recognized legal grounds. Common examples include lack of testamentary capacity, undue influence, fraud, or improper execution. Rhode Island’s will-execution statute requires a will to be in writing, signed by the testator or by someone else at the testator’s direction and in the testator’s presence, and attested by two or more credible witnesses.
Lack of testamentary capacity means that the person signing the will did not fully understand the nature of their assets, who their natural heirs were, or the effect of signing the document. Medical records often become critical in these cases.
Undue influence involves pressure or manipulation that overcomes a person’s free will. Courts look at factors such as dependency, isolation, and whether the alleged influencer benefited disproportionately.
Fraud may arise where a person was deceived into signing a document or making dispositions they did not truly intend. Improper execution concerns whether the will was signed and witnessed in the manner required for validity.
The law protects surviving spouses from complete disinheritance. Even if a will leaves nothing to a spouse, that spouse may still claim an elective share of the estate.
The calculation of the elective share can be complicated, particularly when non-probate assets are involved. Claims commonly arise in second marriages or blended family situations, where children from prior relationships may also have inheritance interests.
If you are a surviving spouse and believe you have been unfairly excluded, our trust and estate dispute lawyers are here to help.
Executors and administrators owe fiduciary duties to the estate and its beneficiaries. This means they must act in good faith, avoid conflicts of interest, and administer the estate with reasonable care. Their responsibilities typically include the following:
If an executor fails to meet these obligations, beneficiaries may petition the Probate Court for relief. Courts may order an accounting, remove the executor, or impose financial liability if losses occurred due to misconduct.
Yes, under appropriate circumstances. Trustees are fiduciaries as well, and they must follow both the terms of the trust and the Rhode Island Trust Code. When a trustee mismanages assets, refuses to provide information, or engages in self-dealing, beneficiaries may seek court intervention. Some of the most common grounds for removal are as follows:
If a person dies without a valid will, their probate estate is distributed under Rhode Island’s intestacy laws.
Generally speaking, assets pass to a surviving spouse and children. If there is no spouse or children, distribution may extend to parents, siblings, or more distant relatives. Disputes sometimes arise when there are questions about paternity, adoption, or whether someone qualifies as a legal heir under the statute.
Even in intestate estates, disagreements over administration can lead to litigation.
There is no single timeline for a trust or estate dispute.
Some disputes are resolved within months through negotiation or mediation. Others, particularly those involving allegations of fraud or undue influence, can take significantly longer.
The duration often depends on the following factors:
Not every trust or estate dispute must be decided through a contested hearing or trial. In some cases, mediation offers a more private and efficient setting in which to resolve disagreements, particularly where the parties wish to preserve family relationships or maintain greater control over the outcome. Some of the potential advantages of mediation are as follows:
However, when serious fiduciary misconduct is alleged, or when parties refuse to cooperate, formal litigation may be necessary to protect your interests.
Don’t face an estate or trust dispute without a competent team of lawyers in your corner. Caprio Law is here to help. Contact our trust and estate dispute lawyers for an initial consultation today so we can discuss your case.
© 2026 Caprio Law. All rights reserved. Attorney advertising.
