In re Edwin H. Tetreault

Summary

The Rhode Island Supreme Court answered certified questions concerning whether a devisee holding a one-half tenancy-in-common interest under a residuary clause could claim a homestead exemption under R.I. Gen. Laws § 9-26-4.1. The court held that such a devisee satisfies the ownership requirement and that a tenant in common who is the sole occupant may qualify as a family for purposes of the exemption. It held that the devisee lacked legal standing to occupy or intend to occupy the property after the executrix initiated efforts to sell and evict him, and declined to answer the fourth question.

Holdings

1. A devisee of real property under the residuary clause of a Rhode Island will satisfies the ownership requirement of § 9-26-4.1 and may qualify for the homestead exemption until the devisee is divested of that interest.
2. A tenant in common who is the sole occupant of a property may qualify as a family and may be eligible for a homestead exemption under § 9-26-4.1.
3. A general devisee of a residuary interest does not have legal standing to occupy or intend to occupy the property after the executrix initiates eviction proceedings based on an express power of sale in the will.

Questions Presented

1. Whether a devisee of real property under the residuary clause of a Rhode Island will satisfies the ownership or possessory-rights requirement of Rhode Island General Laws § 9-26-4.1.
2. Whether a tenant in common who is the sole occupant of property may qualify for a homestead exemption under § 9-26-4.1.
3. Whether a residuary devisee has legal standing to occupy or intend to occupy property after an executrix has initiated eviction proceedings pursuant to an express testamentary power of sale.
4. Whether homestead rights would prevent a sale of the property for payment of legacies under § 9-26-4.1.

Disposition

remanded