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Questions Answered by Nicole M. Camporeale
1 Answer | Asked in Real Estate Law, Family Law and Probate for Connecticut on
Q: My husband bought our house in his name prior to us getting married. Would I have rights to it as wife if he dies?

My husband bought our house in his name prior to us getting married. We have not added my name because we want to use my name to qualify for fha loan. Will keep home so investment property shen we eventually buy new home. As the wife, even without my name on the property, do I have rights to it in... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Aug 29, 2019

That is a common question. If your husband died, the house would pass through his estate. If he has a will that says you get all of his assets, you would get the house after the Probate process is complete. If he does not have a will, the house and all other assets will pass to his heirs at law.... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is an executors deed necessary in CT or is affidavit pursuant to CGS 49-12 A enough?

Property passed via will to the decedents children. An affidavit regarding real estate was recorded pursuant to CGS 49-12A, but there is no executors deed. Is an actual deed necessary, or is the affidavit enough?

Nicole M. Camporeale
Nicole M. Camporeale answered on Aug 29, 2019

In order to transfer real estate from one person to another, a deed is always required. When transferring property out of a testate estate, an executor's deed is used to transfer the property to the beneficiaries, and is recorded on the land records. Additional Probate documents are also required... Read more »

2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Hi, my husband passed in June here in Connecticut. I'm trying to understand if I'm responsible for his medical bills.

Thank you

Nicole M. Camporeale
Nicole M. Camporeale answered on Aug 13, 2019

I am sorry to hear of the loss of your husband. Regarding his debts, in particular medical bills, it depends. Generally speaking, debts in the sole name of the deceased individual are only the responsibility of the decedent's estate, not surviving family. This means, any probate assets he owned,... Read more »

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1 Answer | Asked in Real Estate Law for Connecticut on
Q: In CT, how do you remove a lien that was filed more than 4 months after the court judgement?

The lien was filed more than 3 years after the judgement.

Nicole M. Camporeale
Nicole M. Camporeale answered on May 6, 2019

Pay off the judgment lien either directly or sell the property and pay the lien upon the sale. Then you will get a release of lien to record on the land records. That's how they get released.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is a real estate lien (in Connecticut) valid if it was filed 3 years after the court judgement?
Nicole M. Camporeale
Nicole M. Camporeale answered on May 6, 2019

There is no limitation on the amount of time it takes to place a judgment lien on property. Judgment liens are valid for 20 years.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is it absolutely necessary to have a lawyer for the seller for a house closing?

House is owned (No Mortgage) and selling to Son.

Nicole M. Camporeale
Nicole M. Camporeale answered on May 6, 2019

There are many reasons why having an attorney is an essential part of a real estate transaction. Mainly, the deed that transfers the house to your son is a legal document that needs to conform with statutory requirements and be notarized/signed by an attorney, to be legally valid. The attorney will... Read more »

1 Answer | Asked in Real Estate Law and Family Law for Connecticut on
Q: I a year ago me my ex and my grandmother we bought a home and we brokeup so i would like to know how can i take him out

Of the deed and the mortgage because im having problems that he does not want to cooperate

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 15, 2019

There is no way to remove a joint owner from real property without them agreeing and signing a deed to transfer it to you/your grandmother. If he will not cooperate, my advice is to consult a family law attorney to see if they can advise how it might be possible to force a division of the property... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Connecticut on
Q: I have some questions about a couple general statutes in CT

I'm in a dispute with my landlord over shared metering in CT. He doesn't not provide us with a split bill, and cannot prove how much electricity we use. According to CGS § 16-262e, he should be liable to pay for the electricity. As far as I know he doesn't have a PURA certified sub metering system... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 15, 2019

Please advise what your question is specifically in order to receive a helpful answer. Thanks!

1 Answer | Asked in Real Estate Law and Tax Law for Connecticut on
Q: It was just determined yesterday that our property assessment (house) was being taxed on a structure size that was drawn

on the assessor's card as being approx. 400 sq. ft. larger than the actual house size. Based on 12-60 are we entitled to a reimbursement of the past three years?

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 15, 2019

Contact the town assessor's office to ask this question of the assessor. The property should be reassessed. If it was incorrect they may answer that question for you.

1 Answer | Asked in Estate Planning and Real Estate Law for Connecticut on
Q: 2 names listed on title but manner in which title is held is one name SOLELY

I recently refinanced my home and required a cosigner since I lost my job due to disability. My mother was listed on the closing documents as a borrower. On the Loan Application it states under “The title will be listed in what names: Theodore xxxxx, Elvira xxxxx. The next box states, “Manner... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 15, 2019

From the facts you've provided, it seems as though your mom is a co-borrower on the loan/mortgage but is not a co-owner of the property itself. While this is beneficial for you, it is less beneficial for your mom. I would recommend consulting with the real estate attorney that handled your... Read more »

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

Nicole M. Camporeale
Nicole M. Camporeale answered on Aug 29, 2018

They should not be handwritten, they must be notarized or signed by a commissioner of the superior court (attorney), and witnesses should all be disinterested parties. The executor may not be someone receiving a share of the estate but it is recommended that they do not sign as a witness. You... Read more »

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1 Answer | Asked in Estate Planning for Connecticut on
Q: I am drafting up my will. Do I have to name my wife to take care of our kids if I die?

I know this sounds pretty easy but my confusion is in naming a different guardian. Do i have to specifically call her out? If i name my in-laws first and I die, does my wife share custody with them? Or does she by default get full custody, and so they would not have to look at my will for purposes... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Feb 5, 2018

It is always recommended that you see the assistance of a licensed attorney to drafting your Will. DIY Wills can cause more harm then good if not executed properly.

1 Answer | Asked in Estate Planning for Connecticut on
Q: Hello, I am a low income senior & I have two questions about my existing will.

1-I no longer live at the address that is in the will. Will that in any way affect the validity of my will?

2-What happens to the condo that I now own which is not in my will? Will it automatically go to my next of kin; my nieces?

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 24, 2018

#1. The address change should not make a material difference with regard to your will being valid.

#2. If your will disposes of the "residue" of your estate, which all well drafted wills should, then your condo would be included in that residue and would be distributed according to who you...
Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: In CT, are all listed beneficiaries owed a copy of the final estate accounting by the fiduciary/executor?

When the law firm handling the estate provides the final distribution checks, do they also owe (are they required to send) a copy of the final estate accounting to all of the listed beneficiaries? Or is the final accounting only due to the executor, and to the probate court? If the final accounting... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 7, 2017

Yes, the Executor (or attorney representing the executor) is required to provide notice to all beneficiaries of an estate with regard to the final accounting. This is a Probate Court form that the Executor completes which shows all of the money that came into the estate and all of the expeneses... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: For a name change through probate court, how is the domicile proven?
Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

I don't believe you need to prove your domicile for change of name. Besides completing the required forms, you must provide your birth certificate and two forms of identification, one of which will likely be your driver's license which shows the town you live in. Domicile is mostly just to make... Read more »

1 Answer | Asked in Family Law and Probate for Connecticut on
Q: What estate rights do I have to my boyfriends savings accts? We have lived together 30 years.

He has adult children.

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

You have no legal right to this money just by virtue of being together for 30 years. If you have any written agreement for money he owes you, that would be your only recourse.

I recommend that he leave you anything he wishes to in his Will.

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: If you disagree with an attorney's probate fee who do you contact, the probate judge, another attorney or someone else?
Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

The attorney does not set the probate fee. The probate fee is set by that laws of the state of Connecticut. They are assessed based on the value of the estate that was reported to the court. If you are referring to the attorney's legal fee, if this fee was agreed upon by you (or whomever is the... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My mother died in June 2017 and my father died yesterday. They have a will and have named myself and my sister as

co-executors, They have about $10000 in the bank, a reverse mortgage (we don't want the house) and an ira worth about $30000 which we are both named as beneficiaries. We both don't want to be executors or do any probate filings or notifying anyone of anything. Are we legally required to?

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

Yes you are. There will be no way to get those assets (house and bank account) out of their name (besides the IRA) without going through the Probate Court. It is required that you file the proper forms and pay any fees due. If you fraudulently transfer any of these assets (besides the IRA) to... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: mother passed 2 yrs ago, will left sister as executor & assets to be divided 50/50. I can’t get answers from attorney?

Attorney says he waiting for sister to turn in checkbook, how can I get my share?

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

If it has been 2 years and nothing has been processed properly through the Court, I would recommend writing the Court and asking for a status conference. If granted, the Judge will ask the Executor (your sister) to file an update on why the estate hasn't been finalized. They may even hold a hearing... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: What percentage of owners must agree to dissolve a condo association?

We are a condo assoc. of 27 units on two seperate parcels of land seperated by approx 3/4 mile (15 on one side/12 on the other).

Is it possible to dissolve the association and create 2 individual associations and what percentage of the votes are needed?

Nicole M. Camporeale
Nicole M. Camporeale answered on Jul 12, 2017

the answer to your question is in the condo bylaws or other association documents.

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