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Questions Answered by Matthew A. Wiley
2 Answers | Asked in Estate Planning for Connecticut on
Q: In CT Back in March my moms attorney passed away in the middle of settling an estate for her. We have not been notified

Of who is replacing him. He had his own practice with no partners. Where do we go to find out who took his open cases? Thanks

Matthew A. Wiley
Matthew A. Wiley answered on Oct 1, 2020

Definitely agree with Nina. Hire another attorney and have them assist with either finishing the file or possibly getting some funds back from the first attorney. It's not always that simple though.

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1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Is there a minimum deposit amt when purchasing a probate home in CT? I believe in some states it is 10%, does this apply

When purchasing a probate home in CT, is there a minimum deposit amount required? I believe some states require a 10% deposit, is this true for CT as well?

Matthew A. Wiley
Matthew A. Wiley answered on Sep 28, 2020

No. There is no law regarding the size of a deposit. There are quite a few factors that go into buying a home and identifying the deposit amount. Speak with your realtor or speak with a real estate attorney. Many attorneys (my firm included) like to speak to real estate clients early in the process... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: My husband passed without leaving a will or power of attorney. I want to close accounts that were in his name only?

He has loans etc in his name only, the company won't let me have access to his account without power of attorney letter, he didn't leave one what forms do I need to file to help gain access?

Matthew A. Wiley
Matthew A. Wiley answered on Sep 28, 2020

First sorry for your loss. I know this must be a very frustrating time for you.

Once someone passes away a power of attorney would not be valid, even if you had one. What you may need to do is file with the local Probate Court. They will give you a Fiduciary Certificate. You can provide...
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3 Answers | Asked in Probate for Connecticut on
Q: how does one apply to get to be a executor of the estate of their spouse so that they can get bank accounts in

decease spouses name

Matthew A. Wiley
Matthew A. Wiley answered on Jun 1, 2020

You file an application with the probate court in the state of domicile. There are a few different forms that may need to be filed depending on your circumstances. Also some assets may have a beneficiary already listed, or may be jointly held. In those cases you need to file forms with the... Read more »

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2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Ex wife died intestate .divorced .on title and deed it says survivorship.can i file bankruptcy on my behalf?what happens

To her estate situation since she passed away?

Matthew A. Wiley
Matthew A. Wiley answered on May 27, 2020

There are not quite enough facts to answer this question. There are enough facts to let you know that you should reach out to a lawyer. These types of things can be a bit more complicated than a message board can fully explain.

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Thereare 3 witnesses on my will, incl my wife who’d get everything. Since CT only requires 2 witnesses,is my will valid?
Matthew A. Wiley
Matthew A. Wiley answered on May 13, 2020

Probably yes. There are a few other factors that may matter but having three witnesses means its valid even if one is disqualified. Hope this helps.

1 Answer | Asked in Probate for Connecticut on
Q: In CT -We are beneficiaries in a simple will, the house was sold, went thru probate and we have decree granting probate

What is the next step before money will be released

Thank you

Matthew A. Wiley
Matthew A. Wiley answered on Apr 19, 2020

The final step before releasing funds would usually be when the executor files a Final Account with the Probate Court. The probate process can in many cases take over a year. Let me know if you have any additional questions.

1 Answer | Asked in Probate for Connecticut on
Q: I am a beneficiary in a will it has gone thru probate and I received from the CT of Probate a Decree granting probate

Of will

What is the next step my brother in law is the executor are there any other forms to be signed

Thank you

Matthew A. Wiley
Matthew A. Wiley answered on Apr 19, 2020

The next step is your brother has to gather all assets and report them to the court. Ultimately probate is a very public process but there are lots of items that can be confusing. If you want to give me a call I would be happy to give you a no charge full consult on whether or not you will need... Read more »

2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: My father just passed away and I'm trying to figure out how do I handle his stuff?

EDIT: If the answer doesn't include anything related to the process and just says HIRE A LAWYER, dont bother

Matthew A. Wiley
Matthew A. Wiley answered on Apr 19, 2020

Well while hire a lawyer may be the right answer many people navigate the process without a lawyer. My suggestion is one of three things:

1. Call the local probate court. Sometimes they can guide you on navigating probate without a lawyer. They actually publish a guide....
Read more »

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1 Answer | Asked in Probate for Connecticut on
Q: What are the exact benefits of having an attorney hold the money from a will during the probate process in CT?
Matthew A. Wiley
Matthew A. Wiley answered on Mar 16, 2020

Less risk of the client stealing or losing the money. Lawyers tend to have better record keeping. That being said if the client was say a trained accountant there would be very little benefit. The probate code generally assumes the Executor or Administrator holds the money. Lawyers are holding it... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: Who controls the assets, investments, etc of a will in CT, the executor or the attorney? I want funds FDIC insured

Question is targeting the 5+ months that the money is being held (in escrow?) during probate.

Matthew A. Wiley
Matthew A. Wiley answered on Mar 16, 2020

The Executor should control the money. They are legally responsible for the funds. Sometimes lawyers do hold money in their client fund accounts but the actual obligation is on the Executor. Bonus of the lawyer holding the funds is you have other state protections and potentially the lawyers... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: My dad passed without a will. He has a car that is paid for. We live in CT. What are my next steps?
Matthew A. Wiley
Matthew A. Wiley answered on Mar 16, 2020

It would make sense to schedule a meeting with a probate attorney to discuss all the next steps. You could attempt to navigate the probate process yourself without an attorney. If you attempt that route, you should reach out to the local probate court who can provide you necessary forms etc.... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: My mom had a special needs trust she was allowed to use it for herself she bought a car that i drove bc she was handicap

The car was totalled and now thats she is gone the state wants to know where the money is no one has it bc it was spent on odds and ends for her as well as past car taxes the check did come in my name bc i was on there as a co owner just wondering what can happen and if i should get an attorny also... Read more »

Matthew A. Wiley
Matthew A. Wiley answered on Jan 14, 2020

Short answer is yes you should get an attorney. There are a lot of variables that can define what the next steps will be. Generally since the State of Connecticut is asking you questions that means you need to consider carefully answering their questions. It does not sound like you did anything... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: My dad passed away, I am the only one with permission, keys, and a code to it. Does it have to go through probate in CT?
Matthew A. Wiley
Matthew A. Wiley answered on Sep 29, 2019

Code to what? You should probably schedule a consult to go over the details. If your dad owned real property in his name probate is required. If he had any property in his name probate is probably required.

1 Answer | Asked in Probate for Connecticut on
Q: My wifes cousin died in Sweden, She had a bank account in Connecticut, My wife lives in CT but the 3 other beneficiaries

live in Sweden. All parties want my wife to withdraw money as we live here. What needs to be done?

thanks

Matthew A. Wiley
Matthew A. Wiley answered on Sep 21, 2019

You will need to file ancillary probate in Connecticut. The next steps depend on the size of the bank account.

When international status is involved you should probably contact an attorney. Give my office a call. Happy to help.

1 Answer | Asked in Probate for Connecticut on
Q: my parents died first mother then father two yrs later, will states everything goes to remaining spouse,

do both parents need to go through probate, and is it a separate cost in Connecticut?

Matthew A. Wiley
Matthew A. Wiley answered on Sep 17, 2019

More than likely yes both spouses will need to go through probate. Generally the cost is actually more to do two simultaneous probates than if you had done them when the death happened. The passage of time causes a variety of complications. You should seek out a consultation to go over the exact... Read more »

2 Answers | Asked in Estate Planning for Connecticut on
Q: My husband bought our house in his name only. I am not on mortgage or deed am I responsible for it if he dies. Thanks

Live in CT and he had no will at this time.

Matthew A. Wiley
Matthew A. Wiley answered on Sep 12, 2019

This is a complicated question. You are most likely not responsible for it but you are probably the beneficiary of it. Spouses are not responsible for their spouses, debt so long as it is not medical debt. When someone passes without a will in Connecticut the wife usually inherits. How much... Read more »

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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

Matthew A. Wiley
Matthew A. Wiley answered on Aug 13, 2019

While Nicole is correct on most of what she is saying with respect to probate and expense paying, she did not mention a very important state Statute

Connecticut has a law that requires spouses to pay most medical expenses: C.G.S. §46b-37(b)(4) which can be read at:...
Read more »

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1 Answer | Asked in Probate for Connecticut on
Q: must the executor of an estate, which has been through probate, have an attorney

The Estate has been through probate. What is left is distribution of title due to a contingency which has occurred.

Matthew A. Wiley
Matthew A. Wiley answered on Jun 17, 2019

An attorney is not required in Connecticut to go through the probate process. Though it is generally a huge help. Probate in CT is a complicated process in which you may not even realize a mistake was made for many years after the estate was "closed". To avoid these types of issues I... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: My mother passed with a will instructing executor to sell condo as soon as practicable and divide proceeds evenly.

It’s been over 2 years. Executor is stepfather who still lives in condo. Condo was in my mother’s name only no mortgage. He and I are beneficiaries. He waited 9 months to put on market and has not dropped the price accordingly. I am losing my own home due to this delay of asset distribution.... Read more »

Matthew A. Wiley
Matthew A. Wiley answered on Apr 6, 2019

It would make sense to hire an attorney or at the very least write a letter to the Probate Court. You are in a tough situation that is not black and white. Generally the court is ok with someone staying in the home for about 6 months. After that it becomes rather inappropriate. As to the split of... Read more »

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