Connecticut Questions & Answers by Practice Area


Connecticut Questions & Answers

Q: In CT, are all listed beneficiaries owed a copy of the final estate accounting by the fiduciary/executor?

1 Answer | Asked in Estate Planning for Connecticut on
Answered on Dec 7, 2017

Yes, the Executor (or attorney representing the executor) is required to provide notice to all beneficiaries of an estate with regard to the final accounting. This is a Probate Court form that the Executor completes which shows all of the money that came into the estate and all of the expeneses that the estate incurred during Probate. It also shows the distributions to beneficiaries that have been made and/or will be made based on the balance that remains after expenses are paid.

This...
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Q: For a discharged Chap 7. Do you need court approval for a mortgage loan modification?

2 Answers | Asked in Bankruptcy for Connecticut on
Answered on Dec 7, 2017

Usually, you do not. In chapter 13, you would file a motion to approve mortgage modification. In chapter 7 you do not need court permission to incur new debt. Contact your bankruptcy attorney and inquire why your case remains open. If you do not have an attorney, now is the time to hire one. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: My brother and I own a home together. He wants to sign his half over to me. How do we go about it? We live in CT.

1 Answer | Asked in Real Estate Law for Connecticut on
Answered on Dec 6, 2017

A deed and accompanying transfer documents need to be signed, acknowledged and recorded with the county recorder’s office in fully recordable form.
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Q: For a name change through probate court, how is the domicile proven?

1 Answer | Asked in Probate for Connecticut on
Answered on Dec 4, 2017

I don't believe you need to prove your domicile for change of name. Besides completing the required forms, you must provide your birth certificate and two forms of identification, one of which will likely be your driver's license which shows the town you live in. Domicile is mostly just to make sure that the Court has jurisdiction over you as a resident within the area that Court covers. Ex. the Milford/Orange Probate Court has jurisdiction over residents of Milford, CT and Orange, CT.
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Q: What estate rights do I have to my boyfriends savings accts? We have lived together 30 years.

1 Answer | Asked in Family Law and Probate for Connecticut on
Answered on Dec 4, 2017

You have no legal right to this money just by virtue of being together for 30 years. If you have any written agreement for money he owes you, that would be your only recourse.

I recommend that he leave you anything he wishes to in his Will.
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Q: If you disagree with an attorney's probate fee who do you contact, the probate judge, another attorney or someone else?

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Answered on Dec 4, 2017

The attorney does not set the probate fee. The probate fee is set by that laws of the state of Connecticut. They are assessed based on the value of the estate that was reported to the court. If you are referring to the attorney's legal fee, if this fee was agreed upon by you (or whomever is the executor of the estate) then you cannot dispute them for that reason. However, state law says that an attorney's fee should be reasonable. This reasonableness is determined by the Probate Court. At the...
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Q: My mother died in June 2017 and my father died yesterday. They have a will and have named myself and my sister as

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Answered on Dec 4, 2017

Yes you are. There will be no way to get those assets (house and bank account) out of their name (besides the IRA) without going through the Probate Court. It is required that you file the proper forms and pay any fees due. If you fraudulently transfer any of these assets (besides the IRA) to yourselves, that could create a legal issue for you. It is NOT advisable.
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Q: mother passed 2 yrs ago, will left sister as executor & assets to be divided 50/50. I can’t get answers from attorney?

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Answered on Dec 4, 2017

If it has been 2 years and nothing has been processed properly through the Court, I would recommend writing the Court and asking for a status conference. If granted, the Judge will ask the Executor (your sister) to file an update on why the estate hasn't been finalized. They may even hold a hearing to discuss. If you don't like how the estate has been handled you can ask the Court for remedies. If you don't feel comfortable doing this yourself, finding a lawyer that handles probate litigation...
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Q: I am on a month to month lease, house just sold. What is the required notice for new landlord to ask me to leave?

1 Answer | Asked in Landlord - Tenant for Connecticut on
Answered on Nov 27, 2017

If new LL need house for his person/move in then he must give at least 30 days notice, in writing, and properly delivered giving you sufficient time to find alternative and for relocation.

In case new LL has to further let out then you have priority right to keep this house on the same terms of your lease as by virtue of principle your deposit has been transferred to the new LL as claimed by ex-LL. You should now write your ex LL to either return your deposit immediately or transfer...
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Q: CT Gen Stat § 12-71c (2012) It seems I may be 6 months late with regard to arguing my case here.

1 Answer | Asked in Tax Law for Connecticut on
Answered on Nov 14, 2017

Do you have proof that you complied with the requirements of the Statute. If not, then you may be out of luck. Have you tried discussing this with the tax assesor in the town? That may be your only course of action available.
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Q: Is it safe to go to Portugal and still apply for a green card?

1 Answer | Asked in Immigration Law for Connecticut on
Answered on Nov 14, 2017

If you leave now, you might not be allowed back in until your husband files an immigrant visa petition on your behalf and you apply for an immigrant visa. If you chose to file for adjustment of status within the US, you can apply for a travel document that could allow you to travel to Portugal during the time that you are awaiting your application to be approved. We strongly suggest you talk to an immigration attorney about your specific case.
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Q: Can my boyfriend sue his uncle?

1 Answer | Asked in Family Law, Tax Law and Business Law for Connecticut on
Answered on Nov 14, 2017

Your boyfriend needs to set up a consultation with a tax attorney. Most of us offer a free consultation. Unfortunately there is not enough detail here to give you an accurate answer. This would likely be a very difficult matter to resolve on his own particularly if, as I suspect, this is due to the business owing trust fund penalties (which may have been accrued prior to him ending his business association with his uncle.
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Q: procedger to recover money from foreclosure? 4 children involved? City has money.

1 Answer | Asked in Foreclosure and Real Estate Law for Connecticut on
Answered on Nov 14, 2017

It is not an easy process and I recommend you hire an experienced local foreclosure defense attorney to help you recover any funds you are entitled to from the foreclosure sale of your property.
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Q: How do I get my camera/personal property back from the police?

1 Answer | Asked in Constitutional Law and Criminal Law for Connecticut on
Answered on Nov 12, 2017

Generally, items confiscated at time of personal search are listed in the police report. He has to check from police record entries of his belongings plus your camera and recover through the help of Atty. If police still insist that they did not confiscate then an application to that effect be moved through your Atty for recoveries from police and accuse them of pilferage.
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Q: Do i have to pay child support to the mother of my child that left the state and left my child to someone else

1 Answer | Asked in Family Law and Child Support for Connecticut on
Answered on Nov 5, 2017

No. It's conemptuous.
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Q: Can employees bring a wrongful death lawsuit because the death of the boss caused the company to fold?

1 Answer | Asked in Wrongful Death for Connecticut on
Answered on Oct 25, 2017

No. Wrongful death cases can only be brought by a limited class of people. It's possible depending on circumstances a negligence claim could be brought but under most circumstances that would not be a claim that could be brought either.
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Q: will the banks where my HSA and profit sharing plan are custodied be notified when i file for bankruptcy?

1 Answer | Asked in Bankruptcy for Connecticut on
Answered on Oct 24, 2017

At this point you need to consult with a CT bankruptcy attorney most provide for an initial free consultation.
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Q: Will my employer be notified if I have a Profit Sharing Plan and file for ch. 7 bankruptcy? And is PSP plan exempt?

1 Answer | Asked in Bankruptcy for Connecticut on
Answered on Oct 24, 2017

If this profit sharing plan is a retirement plan exempt from current taxation as such than it is likely exempt and your employer would not be notified of your bankruptcy. You should consult with a CT bankruptcy attorney to determine if Chapter 7 is the best option for you and review all of the facts of your specific situation.
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Q: filing chapter 7 in CT with HSA account- will that be exempt from trustee estate and will employer be notified about it?

1 Answer | Asked in Bankruptcy for Connecticut on
Answered on Oct 24, 2017

Employer will not be notified of your bankruptcy filing. Only exceptions would be if they are a creditor of yours or you need to have a wage execution stopped. Under federal exemptions you will have to use wild card exemption which may be limited if you own your home and need homestead exemption. Under state exemptions wild card exemption is limited to only $1,000.00. Best to consult directly with a CT bankruptcy attorney to review the specific facts of your situation to determine if filing...
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Q: If my mother changes her original will from leaving everything to me( I'm only child) to my 2 daugthers what can i do?

1 Answer | Asked in Family Law, Civil Litigation and Estate Planning for Connecticut on
Answered on Oct 24, 2017

Not a whole lot. Assuring you mother has capacity she is her own person to will her assets to whoever she chooses.

Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal...
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