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Questions Answered by Nicole M. Camporeale
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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Connecticut on
Q: I have been asked to sign my daughters lease with her. She will get renters insurance,. Am I protected?

She is a college student. I will not be living there.

I am concerned about liability.

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

Renters insurance doesn't protect your personal liability to the landlord, only if she names you on the policy will you be protected if someone is injured on the property or items are stolen, or flood/fire etc depending on the extent of the policy.. If she doesn't pay the rent, you are likely the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Connecticut on
Q: Is it legal for a Bank to not allow you to review documents prior to closing?

I requested to review Personal Loan documents before the closing (not the day of the closing) as I have vision problems and would prefer to read the documents electronically (preferably in pdf format) to enable the ability to zoom in on small text. They responded that I would not be allowed to... Read more »

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

This question should be directed to your closing attorney. I'm sure by now you have.

1 Answer | Asked in Banking and Real Estate Law for Connecticut on
Q: My mortgage company is telling me that I still have to pay PMI and in my PMI disclosure states when I reach 78% why

I am below my 78% auto termination percent and there telling me I have to pay for 3 more year

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

How did you determine that you are below 78%? Based on the original appraised value of the home? If not, then that may be why. Also sometimes there are conditions which state another event must occur before PMI will be released. Look to your mortgage documents for that. Sometimes you just need to... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Connecticut on
Q: How can I force an ex-partner to leave my home? He pays nothing and we are no longer a couple.

I have owned my home since 1992. From 2001 - 2012, my partner and his 3 children lived here and we shared all expenses. I re-mortgaged to pay for an addition and a pool. We are no longer a couple due to his alcoholism, and no kids here anymore. He has not paid any money for living expenses for 3... Read more »

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

If he does not own the property and he has no lease with you and has not paid or contributed to household expenses evidencing some sort of agreement that he stay, then I would call the police as he is trespassing.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I want to stop the sale of my aunt's home. She passed away and didn't have a will house is paid for what can I do?

I want to stop the sale of my aunt's home. She passed away and didn't have a will I was living with her for several years and she was my legal guardian at a point. Do I have any rights? Is there anything I can do?

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

You can go to the probate court where the estate is being probated and state your case to the judge. If you are not an heir and have no right to assets of the estate, then i'd say you're likely out of luck. If you live there without a lease agreement then the estate administrator likely has the... Read more »

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for Connecticut on
Q: ow do I get rid of an abandoned truck on my property? My daughters bf parked it there and i don't know who owns it

it is a big dump type truck with a big snow plow on front. it doesn't run to my knowledge. i don't think he owns it and i don't know where they are living now to get in touch with them. it has been here for over a year. they were living in my house until i tossed them to the curb 5 months ago.

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

Have it towed.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Buyer never responded to our response after inspection report and now its past the dead line.

Buyer highlighted things she wanted addressed in inspection report. We addressed each item say what we would fix and what we wouldn't. The buyer never responded and it's now past the date, what happens next?

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

seek the help of the real estate attorney you hired for the closing. They should be assisting you with this issue.

1 Answer | Asked in Business Formation and Real Estate Law for Connecticut on
Q: Looking to start LLC to finance other business ventures down the road. How should we set it up given situation?

I just graduated college and got a salaried job. My fiance is currently in school and will be finishing nxt year. We want to start a business on paper so that we can invest in other businesses. We want to eventually purchase a car wash. We're interested in purchasing 3family duplex to generate some... Read more »

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

Seek the help of a business attorney who can properly advise you.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: If my mother had a mortgage in her name only, but my name is on the deed am I obligated for the mortgage upon her death.

Deed was in survivorship. Can't afford to keep it wondering what to do

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

Generally, no you're not liable for the mortgage. However if you were added to the deed after the mortgage was given, the mortgage comes before your interest in the property so to keep the property you would have to make payment/refinance and take over the loan, or sell and pay off the loan.... Read more »

1 Answer | Asked in Divorce, Family Law, Landlord - Tenant and Real Estate Law for Connecticut on
Q: Hi.Do I have to reimburse my live-in boyfriend for money he invested in my home's renovations after we separate?

We both contributed money to the renovation of my home. My boyfriend, I believe, is legally considered a tenant. He pays me rent every month and I pay for everything else. We are separating and he wants me to compensate him for the money that he contributed to the renovations. 1.) Do I have to... Read more »

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

You need to consult with an attorney on this. You have too many specific questions to get a legal answer online. Attorneys will not feel comfortable providing answers that you may follow through with without getting the full facts and circumstances. This can turn into a complicated situation so my... Read more »

1 Answer | Asked in Family Law, Estate Planning and Securities Law for Connecticut on
Q: Can my friend regain control of his own money?

He has cerebral palsey but had always handled his own money, maunly stock holdings given by his father. His father and mother have passed, his sister and bro in law now control his money in a trust. He has grown unhappy with this arrangement. Can he regain control over his money, apparently between... Read more »

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

This question requires much more information to give a good answer. 1. it depends what type of trust. is it revocable, irrevocable, is it a special needs trust? 2. is your friend on government benefits? if so he would not want to have control over the assets as he would likely be disqualified from... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Is a 529 plan with child as owner and grandpa as custodian a countable asset for Medicaid,also are grandpa's contributio

s countable in the 5 year lookback period.

Thank you

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

Generally i would say that this would be a countable asset of the grandparent. However, there may be some ways to transfer it to the child and argue to DSS that this is valid. However, that may not always work. More research would need to be done on the situation to give a better answer. For that... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Can my military husband living overseas revoke my power of attorney by email.

Can he stated I'm not allowed to drive the car in both our name or co m e an arms distance to the rental property we own and deposit our joint taxes in our account but not spend a dime without his permission.

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

Your question is not fully clear so my answer is conditioned upon my reading of the question. When you say "revoke my power of attorney" that to me means you have executed a power of attorney instrument for yourself, naming someone as your agent. If that is the case then no he cannot revoke a... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: How could I find out who handled my mother's estate
Nicole M. Camporeale
Nicole M. Camporeale answered on Jul 12, 2017

Go to the local probate court in the town/district that your mom lived in as of the date of her death, or where she owned property as of the date of her death. If that was where the estate was probated you should find all of the court filings there and can determine who probated the estate. Has a... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: Can I continue to collect rents for mom's investment property while courts settle her estate so I can pay the mortgage?

I had quit claimed the deed to the two family house I owned in CT to my mom who lived in NY and she mortgaged it in her name. I had lived on one floor and rented the other to cover the mortgage as I always did, with leases in my name and checks paid to me that I transferred to her acct to pay the... Read more »

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

This is a complicated situation. First, it does not seem that you have a valid lease with the tenants. If your mom is the owner of the property (by law the QCD transferred it to her so you no longer own it), then the lease would have to be between your mom and the tenants. Second, since you do not... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: After final accounting approval is there a additional wait till after appeal period before distribution
Nicole M. Camporeale
Nicole M. Camporeale answered on Jul 12, 2017

Generally no. Once the final accounting is submitted to the court, the court will notify all beneficiaries that they have a right to a hearing to appeal or contest the approval of the final account. If no one asks for a hearing or disputes the final account, the court will approval. If the court... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: Father passed, leaves little less than 40k in bank account that he created months before his death. I have access.

I'm not beneficiary but I am his son. Is probate court nessisary?

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

Having access to an account is much different than being a joint owner on the account. So, this bit of information would need to be clarified before you can get an accurate answer to your question. Additionally it would need to be known if he had any other assets in his estate at the date of his... Read more »

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