Questions Answered by Steven Basche
Q: My father is dying in South Carolina my sister is power of attorney, doe's she legally have to notify me about will?
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 »
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?
Yes, the beneficiaries can agree on a distribution different from the will without a will contest.
Q: Questions about wills in CT. Can they be hand written and must they be notarized
Can witness be executor to the will
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 »
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 »
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 »
Q: What kinds of things should we be aware of as we set up our estate for a disabled child?
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 »
Q: My brother is not handling our parents' trust responsibly. Can I have him removed?
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 »
Q: I'm pretty sure my uncle's updated will was signed when he was already diagnosed with dementia. Is this legal?
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.
Q: How do I claim anything when dad left no will? I am closest living relative. No one else cared.
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.
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 »
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.
Q: What can I do if the executor of the estate is not abiding by the provisions/directions of a will?
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.
Q: Can a power of attorney for a parent purchase property from that parent? Is it a conflict of interest?
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.
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