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Connecticut Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning for Connecticut on
Q: I lived with my grandmother she just died how do I get her house for my two other brothers and how long before I have to

To leave old will left it to my dad but he died last year

0 Answers | Asked in Estate Planning, Family Law, Personal Injury and Probate for Connecticut on
Q: How can i get my settlement money that should have been turn over to me when i became 18?

I had a malpractice lawsuit settlement as a minor because doctor misdiagnose me. My mother have been using my structed settlement money since i was a minor. I am over 18 and i want my money but mother said it hers money not mine. She also said this structed settlement settlement money supposed to... Read more »

2 Answers | Asked in Estate Planning, Personal Injury and Probate for Connecticut on
Q: What I have to do to get my settlement money?

I had a malpractice suit against the doctor when I was a minor. Judge reward money for me and because I was a minor my mom had it. My mom has been secretly using my settlement money since I was a minor and still using it. I am an adult, and I am not under guardianship, but mom tells me I can't... Read more »

Bill Beckert
Bill Beckert
answered on Nov 9, 2022

Under CT law, a minor who receives a settlement must have the funds deposited in a restricted account administered by the Probate Court. Your mother cannot withdraw money unless she gets an order approving the withdrawal from the Court. In another words, she would have to apply for permission to... Read more »

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1 Answer | Asked in Estate Planning and Family Law for Connecticut on
Q: I have been living with my boy friend for over 15 years. Not engaged but may be soon what am i entitled to if he dies?
Linda Ann Subbloie
Linda Ann Subbloie
answered on Jul 28, 2022

He would have to:

1. Put you in his will as a beneficiary and specify what you get- as specific bequests or his entire estate;

2. Put you on one or more financial accounts as a joint owner or as a beneficiary;

3. You would have to be on the deed to real estate as joint...
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1 Answer | Asked in Estate Planning for Connecticut on
Q: MY MOM IS DUE TO GET A LARGE INHERITANCE CHECK. IF SHE PASSES AWAY BEFORE SHE RECEIVES IT DOES IT GO TO SISTER OR ME

HER AND HER SISTERS WILL GET THE SAME AMOUNT. I AM HER ONLY CHILD. WE LIVE IN CT

Steven Basche
PREMIUM
Steven Basche
answered on Jul 5, 2022

Probably. Assuming the person from whom your mother will inherit has already died, and it is just a matter of administering the estate of that person, if your mother's will says that her estate goes to you, the money she will inherit will be part of your mother's estate and will pass to... Read more »

1 Answer | Asked in Divorce, Estate Planning and Family Law for Connecticut on
Q: Ex husband died in Texas. Divorce was final in CT. Will I receive life insurance payout or will it be revoked?
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 1, 2022

There is too little information here to determine a answer. We would need to know whether the decedent cancelled his insurance policy or otherwise amended it to exclude the asker as a beneficiary. We also do not know what the divorce judgment says as to whether the decedent had to maintain an... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Can my attorney write my personal injury settlement check to my trust?

I have a 1st-party, irrevocable Special Needs Trust. Recently, my personal injury attorney settled on a case, but he says the American Bar Association prohibits him from making my part of the settlement -not the money owed to his firm or the medical professionals who treated me-- to the trust. I... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Mar 7, 2022

It sounds like YOU (not your trust) was the plaintiff/injured party in the case. Therefore, YOU are the one settling with the defendant's insurance company. Therefore, the settlement is payable to YOU, not your trust. After you deposit the check, you can then write another check to your... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Connecticut on
Q: Can Power of Attorney who is also named on the principal's bank account withdraw funds while principal is in hospice?

I am my father's power of attorney, healthcare representative, and conservator of his estate. He has decided to withdraw life support measures and will go into hospice with a life expectancy of about a week. He had to spend down assets to qualify for Medicaid and could not provide much for... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Feb 3, 2022

In most states, the ability of an agent under a power of attorney to make gifts on behalf of the principal is a "hot power", meaning it is not covered by general language in a POA. It must be specifically stated. Look for specific authority in the POA to make gifts and see if there are... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Connecticut on
Q: Elderly, disabled mom taken advantage of financially by my brother.

This has been going on for at least 7 years, the biggest issue is him asking for “help” buying a house because he had/has terrible credit, no money and knew he couldn’t get a mortgage. So, the home is in her name only, she withdrew $50-60k from her IRA to cover the down pymt, closing,etc.and... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 30, 2022

If the house is in your mother's name, like you wrote, she does not need your brother's signature or permission to sell it.

You also report this abuse to the local Adult Protective Services office.

1 Answer | Asked in Estate Planning and Family Law for Connecticut on
Q: Hi- splitting with my partner we are not married but have kids and assets together; need advice ASAP.

Deed on the house is under both our names loan is only under my name we have a car that is under his name but I drive and have made all the payments we also have two kids.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 27, 2022

You can use the Find a Lawyer link above to find a lawyer in your area. You can search by practice areas.

1 Answer | Asked in Estate Planning for Connecticut on
Q: In Connecticut, does a living trust need to be witnessed if it contains real property?

I didn't think so but then I came across this Thompson Reuters doc https://www.cl-law.com/uploads/Revocable-Trusts-Connecticut-w-010-5933.pdf (written by CT lawyers) that says that a revocable trust does need to be witnessed in CT if it "conveys real property (Conn. Gen. Stat. Ann. §... Read more »

Steven Basche
PREMIUM
Steven Basche
answered on Oct 22, 2021

Very often after a revocable trust is created (or at the same time) the grantor who sets up the trust will transfer his or her house to the trust via a deed. It is unusual, very unusual, for the trust itself to convey real property.

So assuming you follow the procedure of setting up the...
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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My father passed away and didn't have a will.. How can I become executor of his estate so i can close out his account's?
Amanda Gilbert-Largent
PREMIUM
Amanda Gilbert-Largent
answered on Oct 11, 2021

From the brief facts described, you will need to 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 and how the assets were titled. Some assets may have a beneficiary already listed, or may... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: I have filled out a statutory short form power of attorney in Ct. Is this legal and binding?

I will. have this form notarized with two witnesses. Do I still need to go to a lawyer.? Thank you for your time

Steven Basche
PREMIUM
Steven Basche
answered on Apr 29, 2021

You should be all set. Just make sure you understand that the initial powers, usually on the first page, are all included unless you cross them out, but the optional estate planning powers are not included unless you initial next to them to add them in.

2 Answers | Asked in Elder Law, Estate Planning and Public Benefits for Connecticut on
Q: Can items like a laptop and cell phone count as Medicaid spend down for a parent being admitted to a nursing home in CT?

My father was unexpectedly admitted to a skilled nursing facility after falling ill last year. He will need to remain their for the long term and we are now going through the Medicaid application as Medicare has stopped coverage for this service. We will have to spend down some of his money to... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
answered on Apr 6, 2021

It depends on the state. Every state has different eligibility requirements. Usually the items that you mentioned would not be considered assets for Medicaid eligibility. The administrators of the skilled nursing home are the best people to talk to since they know all the ins and outs of Medicaid... Read more »

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2 Answers | Asked in Contracts, Estate Planning, Elder Law and Probate for Connecticut on
Q: Can children (and their spouses) serve as witnesses for their parent when signing a Power of Attorney in CT?

Due to a sudden illness, my father was admitted to a skilled nursing facility in late 2020. His Medicare eligibility is now lapsing and I need a Power of Attorney agreement to assist with his Medicaid enrollment, funeral planning, managing of finances, etc. Due to Covid restrictions, his facility... Read more »

Steven Basche
PREMIUM
Steven Basche
answered on Mar 26, 2021

Because of COVID, there is an executive order which suspends the witness requirement on all instruments which need to be notarized, except for wills. So, you are in luck. There no witnesses required. That said, it can't hurt to have your sister and her husband sign as witnesses. Or... Read more »

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2 Answers | Asked in Estate Planning for Connecticut on
Q: Can an executor deposit a check made out to a beneficiary into an estate account ?

My husband is executor of my mothers will, however a check made out to me (as I was the beneficiary of an account) arrived. He wants to deposit it into an estate account along with checks from another account that is part of the estate so that he can distribute evenly between me and my sisters,... Read more »

Steven Basche
PREMIUM
Steven Basche
answered on Mar 23, 2021

I wouldn't say you are wrong. If you are the beneficiary on the account, that money is yours. That being said, if your mother's wishes were for "everything" to be divided equally, you have moral, and possibly a legal, duty to include the money from that account as party of the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: If I have legal custody of a child, does she inherits my property in P.R?

My grandmother build a house for me in P.R. she passed away unexpectedly (no living will). She had two other children. Am I entitle to part of the property or not?

Joseph Maya
PREMIUM
Joseph Maya
answered on Mar 16, 2021

I am sorry to hear about your situation. You will probably need hire an attorney licensed to practice in Connecticut to fully address your legal questions. I wish you the best of luck in the resolution of your situation.

1 Answer | Asked in Estate Planning for Connecticut on
Q: Our son is the beneficiary of a GST set up by his grandparents. Can he draw on the trust before we die?

He is 34 y.o and marginally employed (at best) We support him 100% financially and that is putting us in a hard place. The income generated by this trust is not enough to support us as my husband 70 y.o.retired , I am 61 and have a low paying job and we have a 17 y.o. daughter who wants to go to... Read more »

Steven Basche
PREMIUM
Steven Basche
answered on Feb 11, 2021

To answer your question, we would need to review the trust agreement itself. It really depends on the language used in the document. My guess is that your son should be able to get money from the trust, but without reviewing the document it's impossible to say.

2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Can a 401k and HSA distribution be added to a general estate bank account if there are no beneficiaries assigned?

My brother passed away last year and did not have a will. The case is currently in CT probate court. There is a surviving brother and myself, no spouse, parents or children. I am also the administrator for his probate case. Can a 401K and HSA distribution be added to the established estate bank... Read more »

Steven Basche
PREMIUM
Steven Basche
answered on Feb 4, 2021

Yes, the proceeds from the 401k and HSA can, and should, be added to the estate checking account. Keep in mind, there will be income taxes due on both distributions. Those assets will then be distributed to your brothers heirs as determined by the CT intestacy statute.

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: If a stepdaughter gets poa of her mother to get my dads estate while we are in probate court will she inherit some estat
Steven Basche
PREMIUM
Steven Basche
answered on Jan 7, 2021

The step-daughter will not inherit money for herself, but rather the money will (or should) go to her mother. As the POA, the step-daughter has a duty to use the money for her mother's benefit, but we all know that doesn't always happen.

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