Supreme Court of Rhode Island

In Re Edwin H. Tetreault.

January 13, 20112011 R.I. LEXIS 4

Summary

The Rhode Island Supreme Court answered three certified questions, holding that a devisee under a residuary clause satisfies the ownership requirement for a homestead exemption, that a sole‑occupying joint owner (tenant in common) qualifies as "family" for the exemption, and that such a devisee lacks legal standing to occupy the property after the executrix initiates eviction and sale proceedings; the matter was remanded to the Bankruptcy Court.