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 »
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
You can do whatever you want to do. However, technically you need to file a claim against his estate. If you do not file the claim following a very specific set of rules your request for money can legally be denied. Generally the claim must be sent to his executor (which is published in the...Read more »
It depends. First if you have a will then that will govern who inherits your house at death. If you do not have a will then the CT rules of intestacy govern who inherits your house. The rules depend on whether you have children and a variety of other factors. Surprisingly, usually the spouse...Read more »
Several natural person (relatives of deceased) are income beneficiaries of testamenary trusts, and a charity is the remainder beneficiary after all income beneficiaries are dead. The relatives want to approach the charity (AG office) to sugggest a Mutual Distribution Agreement.
The attorney should be the first one you discuss it with. You may ultimately need an attorney as a beneficiary as well. In order to get that MDA approved everyone and the Probate Judge would need to be in agreement.
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