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Connecticut Questions & Answers
1 Answer | Asked in Real Estate Law for Connecticut on
Q: Connecticut residential lease holdover- Do the terms of the expired lease carry over into a month-to-month tenancy?

I have a residential tenant and their lease is expiring. If they want to go month to month and we don't sign a new lease- Do the terms of the expired lease carry over into a month-to-month tenancy?

Christopher H. McCormick
Christopher H. McCormick
answered on Jan 29, 2021

A standard clause of most written leases provides that the terms of the written lease continue if the tenant holds over as a month to month lease. Check your lease to look for this clause.

1 Answer | Asked in Immigration Law for Connecticut on
Q: Can I apply for Naturalization with a first DUI offense I got in CT 2 years ago.

Legal question. I got my first dui November 2019 in CT-no accident involved. My criminal lawyer said that they will seal the case and wont show up in my record. Because of covid they kept suspending my case until now and the court hasn’t have happened yet. In August 20’ I made 5 years in US... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 27, 2021

You will not be granted naturalization with a pending DUI.

even though the case may be sealed and not on your record you must answer yes to the question whether you have ever been arrested and convicted. you must furnish a complete certified c opy of the record to the USCIS.

There...
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1 Answer | Asked in Employment Law for Connecticut on
Q: Can I still collect for unemployment benefits if I got denied for a period time?

Legal question. I was collecting unemployment from March to July. Then I found a seasonal summer job (for 5 weeks) but I quit because of covid restrictions that my Resident state CT put on my Employer’s state RI in August. The appeal referee found me that I left the job for personal reasons and... View More

Joseph Maya
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answered on Feb 15, 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 Employment Law for Connecticut on
Q: Can an exempt employee have PTO withdrawn from their bank for 20 minutes?

My working hours are 8-at least 4:30 with 30 minutes for lunch. I was running late one day and informed my employer, who told me that I was to use PTO for the 20 minutes I was late. I was still going to work a full 8 hours for the day and more than 40 hours for the week.

Joseph Maya
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answered on Feb 8, 2021

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

1 Answer | Asked in Child Custody for Connecticut on
Q: My husband won full sole custodyin Connecticut Orange County cops told him he can pick up his child he went to florid

He went home alone I’m lost to why no one is helping has been 7 months the mom skipped town no communication with child but we need help how to get her back now from Florida we don’t know how laws work out there we from Connecticut

Joseph Maya
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answered on Feb 15, 2021

I am sorry to hear about your situation. You will probably need to hire an attorney licensed to practice in Connecticut to properly address your legal issue. 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 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 Estate Planning for Connecticut on
Q: Can my sibling make false accusations against me as administrator of my dads estate regarding belongings (assets)?

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... View More

Steven Basche
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Steven Basche
answered on Dec 14, 2020

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... View More

2 Answers | Asked in Bankruptcy for Connecticut on
Q: Can I either leave my federal student loans out of chapter 7 bankruptcy or keep paying them so they are not defaulted

I am on an income driven repayment plan working towards PSLF. I have to file chapter 7 bankruptcy due to husbands bad money management. I don't want my loans to pause or go into default or in any way be affected by the bankruptcy. Is that possible? I have to stay on track so I am done paying... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 29, 2020

When you file for bankruptcy relief, you must file Schedules listing all of your debts and assets. And you must sign those Schedules under penalty of perjury. So, no, you cannot leave your student loans, or any other debt (or claim against you even if you don't think you owe it), "out... View More

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1 Answer | Asked in Collections for Connecticut on
Q: I am getting calls from a company that bought a 11 yr old car loan. trying to sue me for intent to fraud

I'm homeless and worried

Joseph B. LaRocco
Joseph B. LaRocco
answered on Nov 18, 2020

This loan is likely barred by the statute of limitations for fraud which is three years. Also the statute of limitations in Connecticut for debt collection is 6 years. HOWEVER, DO NOT ACKNOWLEDGE TEH DEBT OR MAKE A PAYMENT ON THE DEBT, because that will start the statute of limitations all over... View More

1 Answer | Asked in Land Use & Zoning for Connecticut on
Q: The previous owner of our property stole land from our neighbor to expand driveway 10 years ago who legally owns It now

Our neighbor is trying to cut into our driveway to get back to original land plots but she never disputed it when the previous owner took her land and we bought it with the driveway as is

Joseph B. LaRocco
Joseph B. LaRocco
answered on Nov 18, 2020

Adverse possession is recognized under Connecticut Law and requires a 15 year period, pursuant to Connecticut General Statutes Section 52-575.

Adverse possession is a method of acquiring title to real estate, accomplished by an open, visible, and exclusive possession uninterruptedly for a...
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1 Answer | Asked in Business Formation, Business Law and Employment Law for Connecticut on
Q: can my company make payments on personal loan of mine instead of paying me a higher salary?

my company made loan payments for me instead of paying me a higher salary....now they want me to pay taxes on this money? is that legal

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Oct 29, 2020

If your company pays your personal loan directly it must be reported as additional income to you and an expense to the company. If you own the company, you should check with your accountant to see if there are any actual tax savings.

2 Answers | Asked in Estate Planning for Connecticut on
Q: In CT Back in March my moms attorney passed away in the middle of settling an estate for her. We have not been notified

Of who is replacing him. He had his own practice with no partners. Where do we go to find out who took his open cases? Thanks

Nina Whitehurst
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answered on Oct 1, 2020

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... View More

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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 Business Law, Copyright, Intellectual Property and Trademark for Connecticut on
Q: can I create a game-ready replica asset of a registered trademarked building viz Tower of London for commercial use?

Video- game for commercial use, Environment creation.

Timothy John Billick
Timothy John Billick
answered on Sep 29, 2020

This is a tough area of U.S. trademark law, and courts have different views on scope of trademark protection for buildings. On the one hand, rights-holders do have the right to exclude others from using the building images in commerce in a way that denotes "designation of origin" or has a... View More

1 Answer | Asked in Medical Malpractice for Connecticut on
Q: Ftom usa ct Can my wife sue in dominican republic for bad cosmetic surgery

She peform surgery cosmetic in dominican rrpublic and now shes sufering and traumatised .

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2020

Your wife would need to discuss this with an attorney who practices in the Dominican Republic. I'm sorry for her ordeal. Before investing money in exploring the merits of the case, it might be helpful to determine which courts would have jurisdiction over such a matter. I can't speak for... View More

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... View More

1 Answer | Asked in Animal / Dog Law for Connecticut on
Q: Dog licensed in Ct , brought to NY by exboyfriend after an argument. He tells me the dog cannot travel to Ct

He tells me the dog cannot travel across state lines. Is this the law?

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Sep 1, 2020

No. As long as they are not being transported for commercial purposes, they do not need a permit for transport. They should have all their shots prior to transport if they are a family dog, but that's generally the only requirement.

1 Answer | Asked in Internet Law and Trademark for Connecticut on
Q: I am dealing with Design Dok in CA and they claim 100% money back guaranteed and they won’t give me my money back

I also filed a trademark with them and I don’t believe they ever filed for one and just took my money.

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 22, 2020

It sounds like you might have a contract breach, but their fine print probably says that you have to arbitrate the dispute in California and that damages are limited to the price paid to them. You may have to consult with a California attorney to review your specific details in this regard.... View More

1 Answer | Asked in Criminal Law for Connecticut on
Q: Can you explain a citizen's arrest, and can you be charged with resisting a citizen's arrest?
Tsion Abate Chudnovsky
Tsion Abate Chudnovsky
answered on Jul 28, 2020

WHAT IS A CITIZEN'S ARREST?

Private individuals have the authority to make a "citizen's arrest" to detain someone they reasonably suspect of committing a felony crime. The crime does not need to occur in their presence as long as a felony was actually committed by the...
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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... View 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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