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1 Answer | Asked in Estate Planning for Connecticut on
Q: Did Trustee and Lawyer violate IRS rules for Irrevocable Trust? Please explain violations and proper procedure.

Lawyer for Trustee, took possession of funds from Buyers' of Trust real estate in name as Trustee. Deposited the funds that were property of the Irrevocable Trust, into lawyer's IOLTA account, then disbursed funds from IOLTA account to Trust beneficiaries to settle and close the Trust.

Anthony M. Avery
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answered on Apr 10, 2023

Why are you concerned about the IRS? If you are beneficiary, the trust distributions should have already had tax paid on them before you got the property. You are not the fiduciary or trustee. The execution of a trust can occur in many ways, and it sounds like it was simply rendered... View More

1 Answer | Asked in Criminal Law for Connecticut on
Q: My boyfriend has been arrested for first degree robbery on feb 16 and hasn’t yet been arraigned in this matter.is there

Detective said his walk was similar to the person in the video who was completely covered. A detective who new him 10 yes ago said he recognized him by his walk is this legal and can it hold up in court

Lindy R. Urso
Lindy R. Urso
answered on Apr 5, 2023

If the only evidence against your boyfriend is an identification of your boyfriend's "walk," then I don't see the case holding up in court. If he was arrested with a warrant, however, then a judge has already made a finding that there is probable cause to charge him; and there... View More

1 Answer | Asked in Family Law and Child Custody for Connecticut on
Q: where can i find a sliding scale or pro bona attorney for a family court visitation issue

there is a contempt motion filled on me there is an agreement that has been closed in 2022 but my kids mom filled a motion and i feel I need representation because she has an attorney

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

You should search in Justia's online directory by clicking the "Find a Lawyer" button for an attorney who practices Family Law and/or Child Custody in or near the county where the motion has been filed, and then review the attorney's profile to determine if the attorney offers... View More

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Question about post-probate assets and a specific section in the will.

Mother passed and left various small things to a few people in the will (TV, Furniture, land, etc). After the list of specific items, there is a paragraph that states "I give, devise, and bequeath all the rest, residue and remainder of my property and estate, both real and personal, of... View More

Steven Basche
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Steven Basche
answered on Mar 22, 2023

Yes. You and your brother are the named beneficiaries of what is called the "residuary estate." After all expenses of probate, and after any claims against the estate are paid, the two of you will split the remainder. Near the end of the the probate process, the executor will need to... View More

1 Answer | Asked in Criminal Law for Connecticut on
Q: What defense can b used for a possible illegal search?

If someone asks to have two specific file types: .mp3 and .doc, to be recovered from a broken hard drive and is later arrested for the discovery child pornagraphy, would that be considered a violation privacy by the vendor performing the recovery? The only files to search and recover should be... View More

Lindy R. Urso
Lindy R. Urso
answered on Mar 15, 2023

It might be a violation of privacy, but it is no basis to exclude the evidence in a criminal case that may result from the vendor reporting such images to law enforcement. You can only suppress evidence that is obtained through an illegal search BY A STATE ACTOR. The Constitution essentially... View More

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Can the probate court have the authority to "claw" back funds improperly distributed prior to probate?

My brother who had power of attorney and signs on my Dad's accounts prior to his death "just so happened" to be the sole beneficiary on both "passbook savings" accounts, checking accounts. He already distributed that money prior to first scheduled probate hearing without my... View More

Gerald Shea
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Gerald Shea
answered on Mar 10, 2023

It is difficult to get a probate court to exercise jurisdiction over accounts passing by way of beneficiary designation. Such assets are technically "non-probate" assets. A separate action can, however, be brought in Superior Court for undue influence or lack of capacity in transferring... View More

1 Answer | Asked in Criminal Law for Connecticut on
Q: 18 year old son charged shooting paintball gun on college campus- charged with firearms/MV, reckless endangerment,

Breach of peace, . Do we need a criminal lawyer as the firearms charge looks like a felony? Worried about this for his future and criminal record

Salvatore Bonanno
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Salvatore Bonanno
answered on Mar 10, 2023

You should absolutely hire an experienced criminal attorney. These are serious criminal charges. And, you're correct, that your son's future will be detrimentally affected if he suffers a criminal record. Take care, Sal Bonanno.

1 Answer | Asked in Probate for Connecticut on
Q: My sister passed in 12/2021 with a will. Can I be told by the court why it's still in probate?

She had ALS and when it came time to sign the will, she could only make an "X. Her lawyer and my sister, who is the executrix were present. I'm not sure if this is significant but her house was sold three months after her death.

Is this a long time for a will to be in probate?... View More

Anthony M. Avery
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answered on Mar 10, 2023

Either hire a CT attorney or go to the Court handling probate and read the file carefully.

1 Answer | Asked in Intellectual Property and Trademark for Connecticut on
Q: can you help me with a trademark License ?

I'm owner of a small business Company in Wallingford Connecticut and we need a trademark license from Uber Technologies INC. to manufacture and sell our Product with the mention allusive to this brand please

James L. Arrasmith
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answered on Mar 10, 2023

For a trademark license, it is recommended that you seek the advice of a licensed attorney who specializes in intellectual property law. They can assist you in drafting a licensing agreement with Uber Technologies Inc. that meets your specific needs and protects your business interests.

2 Answers | Asked in Probate and Family Law for Connecticut on
Q: Probate

Ok so if my dad dies and he has no written will but my name is on the house and the bank account with his does it have to go through probate for my siblings

Gerald Shea
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Gerald Shea
answered on Mar 2, 2023

Joint accounts and real estate held jointly in survivorship do not require CT probate.

However, an estate tax return is due 6 months from date of death, but that is a different issue (See Form 706NT (nontaxable estate) and Form 706 (taxable estate).

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1 Answer | Asked in Car Accidents and Personal Injury for Connecticut on
Q: Is a second injury a detriment to my case?

My daughter was hit by a car while crossing the street (at a crosswalk) on her way home from school. (Driver was speeding and ran a stop sign) We are compiling a case to sue (doctors & physical therapy appointments, etc.). She is in physical therapy still and was hit while crossing the street... View More

Bill Beckert
Bill Beckert
answered on Feb 28, 2023

Good afternoon!

You absolutely can sue both drivers. Both cases could be consolidated if the evidence suggested that to be the correct course of action. To fully answer your question I would need to know more about y our daughter's injuries and treatment for both cases. I would be...
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1 Answer | Asked in Probate for Connecticut on
Q: Can my siblings and I force a sale of the house we own half of? My step mom passed away. Her son lives there now.

Her will is in probate. We have no interest in keeping our half, we just want our monetary share. Once probate is settled, can we force a sale from whomever the probate court designates as the other half owner? And how do we do that? Should we notify the probate court before the probate case is... View More

Nina Whitehurst
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answered on Feb 13, 2023

If the house is not sold during the probate administration (which sometimes happens in order to pay debts and expenses), then hire an attorney to help you file a partition action against the other co-owners. Most likely the property cannot be divided (partitioned) and the court will order that it... View More

1 Answer | Asked in Immigration Law for Connecticut on
Q: C9 current immigration status

I am in the process of renewing my EAD/Parole(I-765 &I-131) . My eligibility category is c9(pending I-485 AOS, Indian Citizen)

On the I-765 form in Part 2 line 24 and 25 there is a question about my immigration status

24.Immigration Status at Your Last Arrival (for example, B-2... View More

James L. Arrasmith
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answered on Mar 2, 2023

Based on the information you provided, you should write "pending I-485 AOS" for both line 24 and line 25. "DA" typically refers to "deferred inspection," which means that your immigration status was not officially determined when you arrived in the U.S. However, since... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Connecticut on
Q: Personal injury 2020, went to emergency room, released 6 hours later, no answers, and partial paralyzes 10 days later.
Bill Beckert
Bill Beckert
answered on Jan 12, 2023

There is not much information in your question to assist an attorney in determining whether you have a case. I would say that negligence cases, including medical malpractice claims, generally have a 2 year statute of limitations. You indicate that the incident occurred in 2020. Without knowing... View More

3 Answers | Asked in Probate for Connecticut on
Q: Hello I live in Ct & so did my dad when he was passed away,with no will. How do me my mom & sister claim ownership?

To his home he bought in Puerto Rico.

Gerald Shea
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Gerald Shea
answered on Jan 8, 2023

Your mother, if she was married to your father, would typically file a petition to be appointed as "Administrator" of your father's estate. This is done at the probate court for the town where your father resided at the time of death. A death certificate is required, as well as the... View More

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1 Answer | Asked in Immigration Law for Connecticut on
Q: I filed I-485 form and it was denied as I didn't file form I-130 as that's what my old lawyer told me to do. Next step?

I am a Canadian citizen married to an American citizen and I came with a B-2 Visa wanted to change my status to permanent residence under marriage but my lawyer told me not to file the I-130 form as I was already in the states and told me just to file the I-485 which was denied on December 6. What... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 9, 2023

In order to obtain a green card or immigrant visa through your U.S. citizen spouse, whether you are in or outside of the United States, you either need an approved I-130 petition or must file the I-130 petition concurrently with the Form I-485. The I-130 petition is to reserve your immigrant visa... View More

1 Answer | Asked in Child Custody and Family Law for Connecticut on
Q: Can my ex wifes boyfriend dictate to me terms and conditions on how i contact her regarding our child? I am in Ct.

Basically i was cautioned to proceed carefully, threatening my relationship with my child

Linda Ann Subbloie
Linda Ann Subbloie
answered on Dec 21, 2022

No! The only authority to dictate how you contact your ex is a court order. Does the court order/judgment have any special terms or conditions? If not, then you are free to contact her as needed. It's called "co-parenting."

1 Answer | Asked in Child Custody and Family Law for Connecticut on
Q: i have shared custody. Can I make him take the kids an extra day/l and change days? We do 2/2/5. Id need to do 4/3.

I need to make more money in order to take care of the kids - I am a single mom with shared custody. I’m taking a new job. The training will require 5mos where he would need to take them mon-Fri and I could take them Fri-sunday. Then after that I could go back to the 2/2/5 or adjust as needed.... View More

Linda Ann Subbloie
Linda Ann Subbloie
answered on Nov 12, 2022

In my opinion, you should think twice about giving him the children for 4.5 days a week with only 2.5 days left for you. Five months is a long time on this schedule and once you do it, if it happens, it may be difficult to get back what you had.

You should get an agreement together with a...
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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... View 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... View More

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1 Answer | Asked in Landlord - Tenant and Personal Injury for Connecticut on
Q: I fell in my public housing and injured after a flood from the apartment above us that was under repair. What can I do

If I file a claim, can the housing authoritie make me leave or raise my rent.

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2022

A Connecticut attorney could advise best, but your question remains open for two weeks. And if public entities are involved, it's possible there could be notice of claim issues that require prompt filing action. Your best option is probably to reach out to Connecticut personal injury attorneys... View More

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