In Re Tetreault
11 A.3d 635
| R.I. | 2011Background
- Tetreault and his sister are the residuary heirs of testatrix Ruth B. Tetreault; at death she owned 36 Lakeview Avenue, Lincoln, RI, the disputed property.
- Executrix Anne M. O'Mara had a power of sale over the estate and issued a notice to vacate to Tetreault on August 27, 2008.
- Tetreault resided at the property; eviction proceedings were initiated October 7, 2008 in District Court.
- Tetreault filed for Chapter 7 bankruptcy on October 8, 2008; trustee objected to homestead exemption on ownership and occupancy grounds.
- Probate Court sought to sell the property to satisfy debts; eviction and sale actions proceeded in parallel.
- The Rhode Island Supreme Court certified four questions and ultimately answered questions 1 and 2 in the affirmative, 3 in the negative, and did not reach question 4.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a residuary devisee can satisfy 9-26-4.1 ownership | Tetreault (devisee) is an owner via tenancy in common | Trustee asserts lack of ownership/defeasance upon sale proceedings | Yes; devisee qualifies as owner until defeasance. |
| Whether a sole occupant joint owner can claim homestead | Tenant in common qualifies as owner and may be family | Only sole owner family limits apply | Yes; tenant in common can be family if sole occupant. |
| Whether the devisee has standing to occupy after executrix initiates eviction | Bankruptcy timing preserves occupancy rights | Executrix’s eviction authority defeats occupancy rights | No; after eviction action begun, devisee lacks standing to occupy. |
Key Cases Cited
- DiCristofaro v. Beaudry, 113 R.I. 313 (Rhode Island Supreme Court 1974) (title vests in devisees; defeasance when sale invoked under §33-12-6)
- Votolato v. McCaull, 80 R.I. 301 (Rhode Island Supreme Court 1953) (death transfers title to heirs; estate sale possible for settlement)
- Champlin v. Powers, 80 R.I. 30 (Rhode Island Supreme Court 1952) (power of sale under will; probate court approval not required for generally devised property)
- Ranalli v. Edwards, 98 R.I. 394 (Rhode Island Supreme Court 1964) (public policy favoring prompt settlement of estates)
- Industrial Trust Co. v. Colt, 50 R.I. 252 (Rhode Island Supreme Court 1929) (express testamentary power of sale may convey property)