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 »
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 »
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 »
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 »
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 »
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 »
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 »
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...Read more »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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.
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.
I was just appointed administrator to my dads estate. I've had to prematurely remove all assets left at my dad's property do to my brother taking the majority of high priced belongings. None of the assets are in my dads name. But I have been verbally threatened by my half brother which... Read more »
As the administrator, your first job is to secure the assets in the estate. This means all assets, including tangible personal property (the stuff in his house, art work, furniture, jewelry, etc) which are owned solely by your father. You should also demand that your brother return any asset he...Read more »
Start by contacting the State Bar of Connecticut. They might have been notified by now as to who is taking over his cases. But in the meantime you might be better off just hiring another probate attorney to substitute into the case. It would be a pretty simple motion to make and ought to be...Read more »
My husband was the executor of the estate, however he was unable to continue, as he became ill. Then, his sister became the executor of estate. Both parents and all siblings were named beneficiaries to the estate. There has been a wrongful death lawsuit going on and is now in the process of... Read more »
First, my heart goes out to you in this difficult time.
Now to answer the question. You and/or your daughter should be entitled to your husband's share of his brother's estate. Your husband was alive at the time of his brother's death, so he (or in this case his estate)...Read more »
I went and got a copy of my dads probate papers. They said both my brother and my name on papers. The estate said there was $30,990. My brother paid my dads furneral $13,000. He kept the balance for himself. He was suppose to split with me. Like I said he passed away a month ago. I didn't know... Read more »
Yes, you have a claim against your brother's estate. Probate court where you father died should have copies of the various filings in your father's estate. They should show the amount you were entitled to and then you'd have to prove he kept that money and didn't pay it out to...Read more »
My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets... Read more »
He probably does have that authority under the POA but he would be well advised to consult an elder law attorney regarding options for paying for your mother's care. Medicare should be paying for her medical bills, most likely, and there are legal ways to accelerate eligibility for Medicaid to...Read more »
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