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... View 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... View 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.

Yes, you have a claim against your brother's estate. Probate court where you father died should have copies of the various filings in your father's estate. They should show the amount you were entitled to and then you'd have to prove he kept that money and didn't pay it out to... View More

First, my heart goes out to you in this difficult time.

Now to answer the question. You and/or your daughter should be entitled to your husband's share of his brother's estate. Your husband was alive at the time of his brother's death, so he (or in this case his estate)... View More

This is an interesting question. A POA authorizes another person to handle financial affairs, as opposed to personal decisions, such as where to live. You could go to court and ask to be appointed the conservator of the person (as opposed to the estate) and then you'd have the power to... View More

You need to hire a lawyer where your father died and seek to be appointed the administrator. This will give you the power to act regarding your father's estate.

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... View More

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

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... View 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... View More

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... View More

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... View More

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.

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.

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.

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.