Yes. You and your brother are the named beneficiaries of what is called the "residuary estate." After all expenses of probate, and after any claims against the estate are paid, the two of you will split the remainder. Near the end of the the probate process, the executor will need to... Read more »

Probably. Assuming the person from whom your mother will inherit has already died, and it is just a matter of administering the estate of that person, if your mother's will says that her estate goes to you, the money she will inherit will be part of your mother's estate and will pass to... Read more »

Yes, that would be the way to go.

Not strictly speaking. Life insurance passes outside of probate. That said, the proceeds will probably need to be listed on the estate tax return. The proceeds may be included in your great uncle's estate, but unless the total is over 9.1 million (for 2022), no estate tax will be owed.

Very often after a revocable trust is created (or at the same time) the grantor who sets up the trust will transfer his or her house to the trust via a deed. It is unusual, very unusual, for the trust itself to convey real property.

So assuming you follow the procedure of setting up the... Read more »

You will need to petition the probate court for what is called intestate administration. That is what the process is called when someone dies without a will. Since his solely owned assets are more than $40,000, you won't be able to file a short form probate (called an affidavit in lieu of... Read more »

You may not need a full probate process, but you will have to submit an estate tax return to show the estate is not taxable. Only estates over $7.1 million are taxable in Connecticut. You may be able to file what is called an affidavit in lieu of administration instead of full probate to transfer... Read more »

You should be all set. Just make sure you understand that the initial powers, usually on the first page, are all included unless you cross them out, but the optional estate planning powers are not included unless you initial next to them to add them in.

In Connecticut, if a claim is not presented to the fiduciary within 150 days from the date of the fiduciary's appointment, the fiduciary is not personally chargeable for any assets (i) paid in satisfaction of any lawful claims, expenses or taxes, or (ii) distributed to any beneficiaries,... Read more »

Yes, those items can be purchased as part of the spend down.

The fee is not necessarily determined by how simple or complicated the split is. It is impossible for anyone to give you an accurate estimate without knowing the number, nature and value of the assets. I've handled "simple" estates, that end up being very complicated. Most lawyers... Read more »

Because of COVID, there is an executive order which suspends the witness requirement on all instruments which need to be notarized, except for wills. So, you are in luck. There no witnesses required. That said, it can't hurt to have your sister and her husband sign as witnesses. Or... Read more »

First off, I am sorry for your loss. The loss of a parent leaves a huge whole in one's heart. The State of Connecticut requires that the Medical Examiner examine deaths due to accident, homicide, suicide, and unknown causes, specifically "sudden or unexpected deaths not caused by... Read more »

I wouldn't say you are wrong. If you are the beneficiary on the account, that money is yours. That being said, if your mother's wishes were for "everything" to be divided equally, you have moral, and possibly a legal, duty to include the money from that account as party of the... Read more »

To answer your question, we would need to review the trust agreement itself. It really depends on the language used in the document. My guess is that your son should be able to get money from the trust, but without reviewing the document it's impossible to say.

Yes, the proceeds from the 401k and HSA can, and should, be added to the estate checking account. Keep in mind, there will be income taxes due on both distributions. Those assets will then be distributed to your brothers heirs as determined by the CT intestacy statute.

The step-daughter will not inherit money for herself, but rather the money will (or should) go to her mother. As the POA, the step-daughter has a duty to use the money for her mother's benefit, but we all know that doesn't always happen.

A living trust would be a good option. For one thing, a trust is a private document, and is generally harder to challenge than a will. By avoiding probate with a trust, you make it more difficult for your nephew challenge your plan or have money go to him through your brother. Your brother could... Read more »

As the administrator, your first job is to secure the assets in the estate. This means all assets, including tangible personal property (the stuff in his house, art work, furniture, jewelry, etc) which are owned solely by your father. You should also demand that your brother return any asset he... Read more »

Yes, even though the court doesn't do much, when the tax return is filed to clear any possible lien on the property, the court will assess the probate fee.