Law Offices of Devane, Fogarty & Ribezzo

Law Offices of Devane, Fogarty & Ribezzo Personal injury lawyer, car accident lawyer, child support, divorce, chapter 7 bankruptcy, making a will, Living Trusts, Probate and Estate Planning

Law Office of Devane, Fogarty & Ribezzo provides Family Law, Personal Injury, Car Accident, Probate, Bankruptcy, Wills, Divorce, Custody & Visitation and Child Support to the West Warwick, RI area.

Do you actually need a trust — or do you just think you do?A conversation we have more often than you’d think.We see it ...
06/08/2026

Do you actually need a trust — or do you just think you do?
A conversation we have more often than you’d think.

We see it regularly. Someone comes in convinced they need a trust. Maybe a friend mentioned they have one. Maybe they read an article. Maybe a cousin knows a lawyer in another state who does general work and dropped the word into a conversation. And now they feel like they’re missing something.

Sometimes they’re right. Sometimes they’re not. But a lot of lawyers will simply take their money and draft one either way.

Trusts can be expensive — sometimes very expensive. We’ve seen clients come in with documents that cost them thousands of dollars. Impressive looking things: thick binders, tabs, professional packaging. One client told us their comprehensive estate plan — which included a trust — ran over twenty-five thousand dollars. The documents looked serious. But when we sat down and looked at what they actually had, they didn’t fully understand what it did, it didn’t work well with their other documents, or worse — they believed it solved a problem it didn’t actually solve. The attorney had already been paid. And in many cases, the client won’t find out it didn’t work until it’s too late to fix it.

A trust is a bucket — with a lot of rules attached

The way we think about a trust is simple: it’s a bucket where you put things. Assets go in, and the bucket comes with rules you set about how those assets are managed — while you’re alive, after you die, or both. That’s a lot of control, and in the right situation, it’s genuinely valuable.

There are revocable trusts — meaning you can change or cancel them at any time. And irrevocable trusts — meaning once it’s done, it’s done. There are trusts set up during your lifetime and trusts created through a will. Those are real distinctions with real consequences, and they matter depending on what you’re trying to accomplish.

But here’s the thing about tools: if someone hands you a hammer and asks you to drive screws into a wall, you’re going to look at them like they’re crazy. The wrong tool doesn’t just fail to help — it can make things worse.

It starts with the problem, not the tool

Before recommending a trust, we try to understand what problem someone actually needs to solve. Because the right answer depends entirely on the situation:

A child with special needs? There’s a specific trust designed to supplement their care without disqualifying them from benefits they’d otherwise receive for free.
A beneficiary with a gambling problem or poor financial judgment? There are tools to protect against that.
Minor children? That changes the conversation entirely.
Concerns about nursing home costs or asset protection? There are options — but timing and structure matter enormously.
We also spend time explaining probate honestly — because most lawyers who push trusts are really selling you on avoiding probate. But probate isn’t purely bad. Like most things in life, it has pros and cons. So does a trust. Our job isn’t to steer you toward the more expensive option. It’s to make sure you understand both so you can make the decision that actually fits your life.

When you come in, we’re going to ask questions and actually listen to the answers. If a trust makes sense for your situation, we’ll tell you why — and what kind, and what it will and won’t do. If it doesn’t make sense, we’ll tell you that too. You came in for help, not for a product.

Not sure whether a trust is right for you? Come in and talk. We’ll figure out what problem you’re actually trying to solve — and then find the right tool for it.

When You Leave Our Office, You Leave With Your Originals — And That Matters More Than You ThinkEstate Planning · Rhode I...
06/02/2026

When You Leave Our Office, You Leave With Your Originals — And That Matters More Than You Think

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 ex*****on. 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.

02/02/2024

The passing of a loved one is an emotionally challenging time, and navigating the complexities of the probate process in Rhode Island can be overwhelming. This is where the importance of having a skilled and experienced probate lawyer cannot be overstated. A good probate lawyer in Rhode Island serves as a trusted guide and advocate during this difficult period, offering invaluable assistance to both the family and the deceased's estate.

Firstly, a knowledgeable probate attorney will help ensure that the deceased's wishes are carried out correctly and efficiently. They understand the intricacies of Rhode Island's probate laws and procedures, helping to prevent costly mistakes and delays. Whether it's drafting a will, managing assets, or resolving potential disputes, a probate lawyer plays a pivotal role in preserving the integrity of the estate and protecting the interests of all parties involved.

Secondly, a probate attorney can alleviate the burden placed on grieving family members. Dealing with probate can be time-consuming and emotionally draining. By entrusting the legal aspects to a professional, families can focus on the healing process and provide support to one another. The probate lawyer takes on the responsibility of handling the paperwork, court appearances, and negotiations, ensuring that the process is as smooth and stress-free as possible.

Lastly, a good probate lawyer helps to mitigate the risk of potential conflicts among beneficiaries and heirs. Emotions can run high during probate, and disagreements can easily arise over asset distribution or the interpretation of the deceased's wishes. A skilled attorney can mediate disputes, explore amicable resolutions, and, if necessary, represent their client's interests in court. This expertise in conflict resolution contributes to maintaining family harmony during a challenging time.

In summary, the importance of a good probate lawyer in Rhode Island when a loved one passes away cannot be overstated. They provide the necessary legal guidance, streamline the probate process, alleviate the emotional burden on family members, and help prevent conflicts, ultimately ensuring that the deceased's wishes are honored with care and precision. Choosing the right probate attorney can make a significant difference in navigating this complex and often emotionally charged process.

I am a lawyer. I have been helpingmy clients and their families foralmost 25 years realize life afterdebt, get out of ot...
05/18/2023

I am a lawyer. I have been helping
my clients and their families for
almost 25 years realize life after
debt, get out of otherwise awful
financial situations, and give
them an opportunity for a fresh
start. I often (not always) do this
by filing bankruptcy for them. A
chapter 7 bankruptcy (the most
common type) will usually cost
between $900-$1,500. There’s
also a $335 filing fee and you
have to take two classes online
which cost around $10 each. If
you are married you do not have
to file together, but you can. It
doesn’t cost more.
Most of my clients:
• Are released completely from
all dischargeable debts (credit
cards, personal loans, auto loans,
mortgages, medical bills, utility
arrearages, some taxes, most law
suits) within 3 months of filing.
• Can re-establish their credit
within a year or two of discharge
to a point where it is far better
than it was when we met.
• Can purchase a new house
within 2 years.
• Keep all of their property.
In a chapter 7 bankruptcy, you
can usually keep your home if
you want – if you are current on
the loan or we can re-negotiate
the terms. You can let the house
go if you are underwater without
worrying about the bank chasing
you for the shortfall balance.
You can keep a car and car loan
or decide to walk away from
it without worrying about an
outstanding balance.
If you think filing a bankruptcy
petition may help you, don’t do
anything before sitting down
with me. Don’t buy anything,
sell anything, start paying, stop
paying, settle anything, try
one of those debt settlement
programs, cash out a 401k. Well
intentioned but not-so-smart
moves often cannot be undone.
I do not charge anything to sit
down and talk about things. Call
now.

05/18/2023

Duplicate - sorry!

05/18/2023
05/18/2023

Address

1454 Main Street
West Warwick, RI
02893

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5:30pm
Wednesday 8:30am - 7pm
Thursday 8:30am - 5pm
Friday 10am - 5pm

Telephone

+14018219945

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