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![Matthew A. Wiley Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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... View More
How will the mortgage debt be handled?
![Matthew A. Wiley Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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... View 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... View More
![Matthew A. Wiley Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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.
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 Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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.
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 Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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... View More
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 Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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... View More
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 Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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.... View More
Should the agreement be based in a neutral state?
![Matthew A. Wiley Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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... View More
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 Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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... View More
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 Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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... View More
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).... View More
![Matthew A. Wiley Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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... View More
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.... View More
![Matthew A. Wiley Matthew A. Wiley](http://justatic.com/profile-images/1515898-1568727516-sl.jpg)
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... View More
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