§ 18-6-4 - Notice – Guardian ad litem. - Rhode Island Statutes

SECTION 18-6-4

   § 18-6-4  Notice – Guardian ad litem.– (a) Upon the application, notice in any form that the court may order shall begiven by delivering or mailing by registered or certified mail, return receiptrequested, a copy of the notice to the attorney general if there are publiccharitable interests, and to all persons to or for whom income has been paid oraccumulated during the period covered by the account, and to those persons who,during that period, have received or were entitled to receive or in thediscretion of the trustee might have received principal, and to all personswho, at the time of the mailing or delivery of the copy of the notice, indefault of any appointment or otherwise, would be entitled to share in theincome or principal if an existing tenancy for life or for years had thenterminated or the trust estate were then distributable in whole or in part, andto the executor or administrator of any deceased persons entitled to notice orto those in being who have succeeded to the interest of the deceased person,and to other persons who are or may become interested and who shall have filedwith the accountant a request in writing for notice of proceedings on accounts,and any additional notice that the court may order shall be given bypublication, unless all persons interested receive actual notice.

   (b) The written assent to an account, or the waiver inwriting of notice of it by a person interested or by his or her guardian orlegal representative, shall be deemed equivalent to notice.

   (c) If there are other persons interested to whom notice hasnot been given by delivery of registered or certified mail, or if the interestsof persons unborn, unascertained, or legally incompetent to act in their ownbehalf are not represented except by the accountant, the court shall appoint asguardian ad litem a competent and disinterested person to represent theseinterests and persons, and the guardian ad litem shall, without further noticeor action by the court, also represent with respect to the account allinterested persons who may be born after the date of his or her appointment.

   (d) It shall not be necessary, unless the court orders, todesignate by name persons represented by the guardian ad litem, other thanthose who are entitled to notice by delivery of registered or certified mailing.

   (e) The guardian ad litem appointed by the court shall beentitled to any reasonable compensation that the court shall allow, which shallbe charged to income and/or principal as the court directs.