Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Matthew A. Wiley

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 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 personally... 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 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 »

1 Answer | Asked in Estate Planning and Probate for Connecticut on

Q: I delivered a car but the person died before he paid for it. Can I send the bill to his kids?

Matthew A. Wiley answered on Dec 8, 2018

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 »

1 Answer | Asked in Estate Planning for Connecticut on

Q: If I die before my spouse and the mortgage and deed are in my name only, will she still inherit our house?

How will the mortgage debt be handled?

Matthew A. Wiley answered on Oct 27, 2018

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 »

1 Answer | Asked in Probate and Estate Planning for Connecticut on

Q: What is the protocol for initiating a Mutual Distribution Agreement offer in CT. ? How should one party approach others?

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... Read more »

Matthew A. Wiley answered on Oct 27, 2018

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.

1 Answer | Asked in Probate and Estate Planning for Connecticut on

Q: A Mutual Distribution Agreement, Involving a Charity, represented by the AG office.

CT - Does the AG office, in addition to representing the charity, also act as guardian of the testators's intent, in a Mutual Distribution Agreement between a charity and income beneficiaries?

Matthew A. Wiley answered on Oct 27, 2018

No. The Executor or Trustee would represent the grantors intent to the extent it is allowed. The AG would represent potentially the charity and definitely the public's interest. Intent is somewhat irrelevant to the AG in this context.

1 Answer | Asked in Probate and Estate Planning for Connecticut on

Q: There are three biological children who are not named in the will but are needed to assign a PR in the State of Georgia,

None of the Biological children are heirs just a step-grandson what recourse do the biological children have? the will must be executed in GA the biological children live in CT

Matthew A. Wiley answered on Oct 27, 2018

This issue is quite complex. Your question does not provide enough information to fully answer it. Feel free to give my office a call and schedule a consultation and we can discuss this in more detail. 203.446.4725.

Reading between the lines. It sounds like someone died in GA and chose to...
Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on

Q: I am unclear what amount should be entered in Section 3, Part 2 of form CT-706NT for my husband's monthly pension.

Should I enter the amount he received for the month of his death or do I need to figure out the total amount he has received since his retirement in 1999? There is a survivor monthly benefit which I receive for as long as I live. There was never a lump sum payment received with this pension.

Matthew A. Wiley answered on Dec 29, 2017

This is actually a pretty complicated question. Both options you have suggested are the wrong answer. You should meet with an attorney to discuss the options and the pros and cons of classification. From my perspective their are three options:

1. It is not listed as the type of account...
Read more »

1 Answer | Asked in Family Law, Civil Litigation and Estate Planning for Connecticut on

Q: If my mother changes her original will from leaving everything to me( I'm only child) to my 2 daugthers what can i do?

Mother also is has in new will that everything she ever gave me in my house ( she co signed for, but never lived in) she is willing to them.

Matthew A. Wiley answered on Oct 24, 2017

Not a whole lot. Assuring you mother has capacity she is her own person to will her assets to whoever she chooses.

Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter....
Read more »

1 Answer | Asked in Contracts and Business Law for Connecticut on

Q: I have a business partner in AL, I am in CT. We are going to have a business agreement.

Should the agreement be based in a neutral state?

Matthew A. Wiley answered on Oct 5, 2017

You can have an agreement with someone from out of state. You can pick any law you would like to avail yourself too. It is not necessarily bad to use CT law. Many national business agreements tend to be in NY or DE. It is also possible to change the state at a later date. For most people it comes... Read more »

1 Answer | Asked in Estate Planning for Connecticut on

Q: My son inherited his fathers (my ex husbands) life insurance there was no beneficiary

No beneficiary on the life insurance but company deemed my son the rightful recipient because I'm an ex the probate judge made me financial guardian although funds have to be in a restricted account. How can I get the restriction lifted? Possible?

Matthew A. Wiley answered on Oct 5, 2017

You should hire a lawyer to help you in working with the Probate Court. The restricted account is designed to protect your son from you spending money for inappropriate purposes. Each year you must account to the court down to the penny on where the money was spent. This is a serious... Read more »

1 Answer | Asked in Probate for Connecticut on

Q: My dad passed away 010117 and he had an account for $200K where my sister and I were the beneficiaries.

I have not received any of the money, and although the account was only under my dads name my sister cashed it and is claiming the money is my moms to take care of her. Am I entitled to any of it?

Matthew A. Wiley answered on Oct 5, 2017

It really depends on the details of the case. You should speak with a lawyer and bring bank statements. It is possible you are entitled to it and it is also possible you are not. This is one of those situations where the registration and beneficiary of the account mean everything. You do have a... Read more »

1 Answer | Asked in Civil Litigation and Probate for Connecticut on

Q: In CT, is it mandatory to notify non-beneficiaries? Sending me details of uncle excluding me seems cruel & unnecessary.

He was widower with no children, no surviving siblings - but his will clearly denoted which nieces/nephews benefit (he left nothing to two of us - as was his right). But it is raising old family trauma to be sent probate notices and the will details. I've been suicidal as result (I have PTSD). This... Read more »

Matthew A. Wiley answered on Oct 5, 2017

In Connecticut certain family members are required notice parties. That means by law they are required to let you know about the documents filed in probate court. If you write a letter to the probate court and your families attorney explaining that you do not want to receive any further notices... Read more »

1 Answer | Asked in Real Estate Law and Probate for Connecticut on

Q: What happens to a property in case of my fathers death? He is remarried but I'm the only child.

What happens to a property in an incident of my fathers death? The property is under his name but up to this day everything (including lumpsome foenpaykent & monthly mortgage) had been paid for by me in cash (no paper trail/receipts). I am not sure if he has a will and he is also remarried. I am... Read more »

Matthew A. Wiley answered on Oct 5, 2017

It is important that you speak with an attorney regarding this matter. There are three main issues that you should consider.

1. Any assets that passed via a beneficiary or were jointly held will pass directly to you or whoever is listed regardless of what his will or intestate law that...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.