Attorney Michael W. Miller delivers fairness and impartiality from the bench of Middletown Probate Court for close to 30 years, overseeing the handling of thousands of estates, wills, name changes, adoptions and the like.
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CONTACT: Matt Sheley at (401) 842-6543 or msheley@middletownri.com
PROBATE COURT PROVER
MIDDLETOWN, R.I. (JANUARY 18, 2022) – It’s quiet in the Town Council chambers at Town Hall, the voices whispered like in a library.
Probate Court Judge Michael W. Miller is on the bench, going through a couple of routine matters, his trusted lieutenant Town Clerk Wendy J.W. Marshall at his side.
It’s the same spot you’ll find Miller since November 1994 on the first and third Thursday of each month, overseeing the handling of thousands of estates, wills and other matters like name changes and legal adoptions.
While it might look mundane and humdrum to the untrained eye, Miller and others involved in Probate Court said it’s a critical process to make sure everything is handled fairly, properly and smoothly.
“I’d classify most of the cases as pretty routine, but they’re not routine to the people who appear before the court,” Miller said during a break from a recent session. “Saying that, some of the cases certainly stick with you and I’d call pretty unusual. Certainly, some of the adoptions are emotional and you’re so happy for the people involved, but there are others that catch your attention. We even had one case that I remember vividly involving some pretty serious fraud.”
In the Ocean State, probate matters are largely overseen in Chapter 33 of Rhode Island General Law. A look through the statutes shows they deal with everything from the division of real estate to the handling of lost property, the payment of a dead person’s outstanding debts and charges and other related matters.
What most people probably don’t realize is state law mandates that each of the 39 cities and towns have their own probate court. That means while Miller presides in Middletown, someone completely different handles cases in Woonsocket, Warwick and Westerly.
While Miller said just because there are quite a few laws on the books and case law related to probate issues, that doesn’t mean everything is cut and dried. Much of what he does is listen and read what’s before him and try to make the best decision possible.
“Most of these cases aren’t that much different, other than the names, places and details,” said Miller, who serves as a partner with the Newport law firm Miller, Scott, Holbrook & Jackson. “Like I said, that doesn’t mean they’re ‘routine’ because each one before the court matters and is important to somebody.”
Usually, people leave the court happy, but not always.
“If I could change one thing about being a Probate Court judge is the fact that some people come here to fight with their families, siblings and others over perceived slights or wrongs that seemingly have absolutely nothing to do with the court itself,” Miller said, shaking his head.
The town clerk Marshall and attorneys who appear before Miller regularly for probate matters said he does an excellent job remaining fair, unflappable and impartial. Going back to 1980, records show Miller also provided legal counsel to the Town, a service which continued almost uninterrupted until 2014.
“Watching him do court all these years, sometimes I don’t know how he does it,” Marshall said. “The questions he knows to ask to get exactly what he’s looking for, it’s amazing. He’s able to sort everything out and come up with solutions that make sense and work. We’re lucky to have him.”
Attorney Patrick O’Neill Hayes Jr. agreed, saying Marshall and Clerk Debra Settle certainly help keep the court running smoothly.
“Mike is always prepared, knowledgeable and fair,” Hayes said. “We all appreciate how quickly he starts and finishes his hearings. That's what a probate judge should be. Having Wendy Marshall and Debra Settle providing assistance undoubtedly contributes much to what Mike accomplishes as a judge.”
”I’ve had the pleasure of appearing before Judge Miller many times over the three plus decades he has been the presiding Probate Court Judge, and I fully appreciate his patience, knowledge and judgment, especially in controversial cases,” attorney Brian G. Bardorf said. “Judge Miller’s sometime references to biblical authority lend a rather unique aspect to some of his rulings, but I can comfortably state that Judge Miller has the patience of Job. (usually).”
“I understand there’s a lot of responsibility sitting up there,” Miller said. “It’s not a job I take lightly. A lot of people who appear before the court are here exercising their fiduciary responsibility and we’re here to make sure what’s happening is fair and how it was intended to be."
Asked for advice for people who have a matter for Probate Court, whether here in Middletown, or elsewhere across the state, Miller — and Marshall — both had the same three words ready.
“Get an attorney,” Miller said. “Even if it seems like a really routine, boilerplate issue, it makes sense to have representation. I’ve seen cases get all twisted around because someone didn’t understand the process and got tripped up. When you have an attorney there acting on your behalf, that shouldn’t happen.”
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