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Connecticut Probate Questions & Answers
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 Probate for Connecticut on
Q: If there is a beneficiary on the deceased persons bank account can that beneficiary automatically use money after death

My sister is on my mother's bank account as the beneficiary can she automatically use the money in the account to pay bills after my mother's death without going through probate

Nina Whitehurst
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Nina Whitehurst
answered on Jun 16, 2022

Yes and no. The bank will need to be provided with a death certificate first before they update the name on the account.

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 Probate for Connecticut on
Q: Does a life insurance policy have to be listed in probate?

I have been paying on a life insurance policy for my great uncle for over 20 years and am listed as the beneficiary, does this policy have to be listed in the probate proceedings?

Steven Basche
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Steven Basche
answered on Jan 23, 2022

Not strictly speaking. Life insurance passes outside of probate. That said, the proceeds will probably need to be listed on the estate tax return. The proceeds may be included in your great uncle's estate, but unless the total is over 9.1 million (for 2022), no estate tax will be owed.

1 Answer | Asked in Probate for Connecticut on
Q: My father passed away a few weeks ago and did not have a will, He only has about $49,000 in his bank account and owned

Some trucks and don’t know where the titles are.He didn’t really tell use much.What would be the next step?

Steven Basche
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Steven Basche
answered on Oct 11, 2021

You will need to petition the probate court for what is called intestate administration. That is what the process is called when someone dies without a will. Since his solely owned assets are more than $40,000, you won't be able to file a short form probate (called an affidavit in lieu of... Read more »

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
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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 Probate for Connecticut on
Q: Hello, I have joint account with my husband and in deed it With survivorship rights, should I go to probate

I also have a car under my husband name

Steven Basche
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Steven Basche
answered on Oct 4, 2021

You may not need a full probate process, but you will have to submit an estate tax return to show the estate is not taxable. Only estates over $7.1 million are taxable in Connecticut. You may be able to file what is called an affidavit in lieu of administration instead of full probate to transfer... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: Is an estate still obligated to pay bills that were received after the hearing to settle it?

I am the administrator of my brother's estate who died in Feb. 2020. It went through the probate process last year and late in March the court held a hearing on the required financial report which was approved. This allows me to now distribute the estate to the heirs. A few days after the... Read more »

Steven Basche
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Steven Basche
answered on Apr 15, 2021

In Connecticut, if a claim is not presented to the fiduciary within 150 days from the date of the fiduciary's appointment, the fiduciary is not personally chargeable for any assets (i) paid in satisfaction of any lawful claims, expenses or taxes, or (ii) distributed to any beneficiaries,... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: I have a very simple probate case. It's me and my sister 50/50 split. What should the lawyer fee be?
Steven Basche
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Steven Basche
answered on Apr 6, 2021

The fee is not necessarily determined by how simple or complicated the split is. It is impossible for anyone to give you an accurate estimate without knowing the number, nature and value of the assets. I've handled "simple" estates, that end up being very complicated. Most lawyers... Read more »

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
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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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1 Answer | Asked in Probate for Connecticut on
Q: What goes on Form PC-205b in CT?

My dad predeceased my mom(dad 01/24/2015). House was in joint survivorship so passed on to my mom-mom didn't go to Probate-she didn't know she had to. There was 1a 15" strip of land adjacent to house that the city sold them. But in was NOT listed in joint survivorship. My mom passed 11/21/2018.

Joseph Maya
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Joseph Maya
answered on Mar 26, 2021

I am sorry to hear about your situation. You will probably need to 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 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
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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 Probate for Connecticut on
Q: Husband passed away & has a business. Credit cards are in his name only & the house is only in mine. Do I have to pay

He had no real assets, work cars in his name but no $$ is owed on them. Do I have to pay his business CC?

Joseph Maya
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Joseph Maya
answered on Feb 19, 2021

I am sorry for your loss. You will probably need to hire an attorney to fully address your legal questions. I wish you the best of luck in the resolution of your questions.

1 Answer | Asked in Landlord - Tenant and Probate for Connecticut on
Q: No will. Step daughter started collecting rent for months before probate has started from step fathers rental property.

She refuses to disclose any information about payments she's been collecting with no right and we are just about to start probate in CT as Florida had to be started first. I am the decendents daughter and will be seeking Administrator responsibility as I am in florida now. Will she be facing... Read more »

Joseph Maya
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Joseph Maya
answered on Feb 19, 2021

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

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
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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
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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.

1 Answer | Asked in Probate for Connecticut on
Q: My husband passed without leaving a will or power of attorney. I want to close accounts that were in his name only?

He has loans etc in his name only, the company won't let me have access to his account without power of attorney letter, he didn't leave one what forms do I need to file to help gain access?

Matthew A. Wiley
Matthew A. Wiley
answered on Sep 28, 2020

First sorry for your loss. I know this must be a very frustrating time for you.

Once someone passes away a power of attorney would not be valid, even if you had one. What you may need to do is file with the local Probate Court. They will give you a Fiduciary Certificate. You can provide...
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1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Is there a minimum deposit amt when purchasing a probate home in CT? I believe in some states it is 10%, does this apply

When purchasing a probate home in CT, is there a minimum deposit amount required? I believe some states require a 10% deposit, is this true for CT as well?

Matthew A. Wiley
Matthew A. Wiley
answered on Sep 28, 2020

No. There is no law regarding the size of a deposit. There are quite a few factors that go into buying a home and identifying the deposit amount. Speak with your realtor or speak with a real estate attorney. Many attorneys (my firm included) like to speak to real estate clients early in the process... Read more »

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Connecticut on
Q: My husband's brother passed away 5 years ago in CT, without a will.

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 »

Steven Basche
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Steven Basche
answered on Jul 21, 2020

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)...
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