Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Steven Basche
1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My father is dying in South Carolina my sister is power of attorney, doe's she legally have to notify me about will?
Steven Basche
Steven Basche answered on Apr 18, 2019

Most states require notice to all heirs (relatives who would inherit property if the decedent died without a will) if there is an application to admit a will to probate. That doesn't happen until after death. But nowadays, a lot of assets pass outside of probate, by joint account or beneficiary... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Must a Mutual Distribution agreement only be the result of a will contest?

Or

Can all the beneficiaries get together and agree on a distribution that is different from the will?

Without a will contest?

Steven Basche
Steven Basche answered on Sep 19, 2018

Yes, the beneficiaries can agree on a distribution different from the will without a will contest.

2 Answers | Asked in Estate Planning for Connecticut on
Q: Questions about wills in CT. Can they be hand written and must they be notarized

Can witness be executor to the will

Steven Basche
Steven Basche answered on Aug 28, 2018

Connecticut allows handwritten (Holographic) wills under certain circumstances. The will must comply with all of the other requirements, including witnesses. A beneficiary cannot be witness to the will, unless they are also an heir (meaning someone who would get a part of the estate if there were... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Connecticut on
Q: My mom passed in January of this year. Prior to her death she added me (her daughter) to her checking/savings account

With survivorship. The account was used to pay bills etc and was not included in the will. In her will she stated her estate to be divided by 8 children. My sibling is accusing me of taking money from bank account and says he won’t give me anything from the estate. Could he do this legally? Could... Read more »

Steven Basche
Steven Basche answered on Aug 22, 2018

The funds in the joint account became yours upon your mother's death and you are entitled to keep them. That being said, if your name was added as a convenience, and your mother did not explicitly say she wanted you to have the money and not include it as part of the estate, your brother could... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: What kinds of things should we be aware of as we set up our estate for a disabled child?
Steven Basche
Steven Basche answered on Jul 16, 2018

The answer to that seemingly simple question is rather complex. To start, you should be considering setting up a couple of special needs trusts (SNT's). The first trust would be a 3rd party SNT, which is funded by assets owned by a third party (meaning not your child). The second trust is a "1st... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: My brother is not handling our parents' trust responsibly. Can I have him removed?
Steven Basche
Steven Basche answered on Jul 9, 2018

If you are a beneficiary of the trust, you have the right to ask the probate court to get involved to look at your complaints about how he is handling things. Whether the court will remove him depends on the nature of the problems and probably on the terms of the trust. You should contact an... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: I'm pretty sure my uncle's updated will was signed when he was already diagnosed with dementia. Is this legal?
Steven Basche
Steven Basche answered on Apr 3, 2018

This is a hard question. Even a person with dementia may have the mental capacity to sign a will or codicil if he knows what he is signing, knows the natural objects of his bounty (his children, relatives, etc.) and knows the extent of his estate.

1 Answer | Asked in Estate Planning for Connecticut on
Q: How do I claim anything when dad left no will? I am closest living relative. No one else cared.
Steven Basche
Steven Basche answered on Apr 3, 2018

You can file to become the administrator of the estate. Connecticut law states that if a person dies without a will, and has no spouse, the assets in the estate go to the children.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Connecticut on
Q: I believe close relatives are taking advantage of my fathers diminished mental capacity as it relates

to his ownership of properties and distribution at death. He does not have a will and his name is not on the deeds anymore (unsure why removed) but the plan was they quit claim it back to him at 50%. He recently changed his mind. Is there anything his child can do legally to get this back as I... Read more »

Steven Basche
Steven Basche answered on Apr 3, 2018

You can petition the probate court to have a conservator appointed for your father. This will give you the power to take control and manage assets in his name.

1 Answer | Asked in Estate Planning and Family Law for Connecticut on
Q: What can I do if the executor of the estate is not abiding by the provisions/directions of a will?
Steven Basche
Steven Basche answered on Apr 3, 2018

You can contact the probate court and possibly ask that the executor be removed for failing to act in accordance with the will. My best advice is to start with the probate court. Even a letter to the judge may get the issue front and center.

1 Answer | Asked in Estate Planning for Connecticut on
Q: Can a power of attorney for a parent purchase property from that parent? Is it a conflict of interest?
Steven Basche
Steven Basche answered on Apr 3, 2018

This would be what is called "self-dealing." If the POA document itself allows self dealing transactions, it would most likely be ok assuming that the terms of the transaction are fair. But self-dealing transactions are looked at very closely, so it needs to be a fair deal based on fair values.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.