§ 33-25-2 - Life estate to spouse. - Rhode Island Statutes

SECTION 33-25-2

   § 33-25-2  Life estate to spouse. –(a) Whenever any person shall die leaving a husband or wife surviving, the realestate owned by the decedent in fee simple at his or her death shall descendand pass to the husband or wife for his or her natural life subject, however,to any encumbrances existing at death; provided that the liability, if any, ofthe decedent to discharge the encumbrance or encumbrances shall not beimpaired. The provisions of §§ 33-1-1 and 33-1-2 shall be subject tothe provisions of this chapter and of § 33-1-6.

   (b) For purposes of this section, any real estate conveyed bythe decedent prior to his or her death, with or without monetary consideration,shall not be subject to the life estate granted in subsection (a) if theinstrument or instruments evidencing such conveyance were recorded in therecords of land evidence in the city or town where the real estate is locatedprior to the death of the decedent. Nothing in this section shall be construedto require that the instrument or instruments evidencing the conveyance must berecorded prior to the death of the decedent to be valid and thus not subject tothe life estate contained herein.