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Questions Answered by Gerald Shea
3 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Which state to file probate case in?

My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More

Gerald Shea
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Gerald Shea
answered on Mar 28, 2024

Your father's domicile controls, which is where he lived with an intent to return. If he has a CT condo, receives mail there and intended to return, then probate court for the town of his Connecticut residence would have jurisdiction.

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Can the probate court have the authority to "claw" back funds improperly distributed prior to probate?

My brother who had power of attorney and signs on my Dad's accounts prior to his death "just so happened" to be the sole beneficiary on both "passbook savings" accounts, checking accounts. He already distributed that money prior to first scheduled probate hearing without my... View More

Gerald Shea
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Gerald Shea
answered on Mar 10, 2023

It is difficult to get a probate court to exercise jurisdiction over accounts passing by way of beneficiary designation. Such assets are technically "non-probate" assets. A separate action can, however, be brought in Superior Court for undue influence or lack of capacity in transferring... View More

2 Answers | Asked in Probate and Family Law for Connecticut on
Q: Probate

Ok so if my dad dies and he has no written will but my name is on the house and the bank account with his does it have to go through probate for my siblings

Gerald Shea
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Gerald Shea
answered on Mar 2, 2023

Joint accounts and real estate held jointly in survivorship do not require CT probate.

However, an estate tax return is due 6 months from date of death, but that is a different issue (See Form 706NT (nontaxable estate) and Form 706 (taxable estate).

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3 Answers | Asked in Probate for Connecticut on
Q: Hello I live in Ct & so did my dad when he was passed away,with no will. How do me my mom & sister claim ownership?

To his home he bought in Puerto Rico.

Gerald Shea
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Gerald Shea
answered on Jan 8, 2023

Your mother, if she was married to your father, would typically file a petition to be appointed as "Administrator" of your father's estate. This is done at the probate court for the town where your father resided at the time of death. A death certificate is required, as well as the... View More

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