Lawyers, Answer Questions  & Get Points Log In
Connecticut Questions & Answers
4 Answers | Asked in Bankruptcy and Foreclosure for Connecticut on
Q: Declaring chapter 7 before foreclosure

My house - supposedly worth around $900,000, will not sell. I have tried for 5 years and am still trying. We stopped paying the mortgage in 2019. i believe they will start the foreclosure soon. We also have $46,000 credit card debt that my husband stopped paying August 2019 in Ct so they have until... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 20, 2022

As it appears you are both eligible for Ch. 7, and desire to do so, make an appointment with a CT bankruptcy lawyer who will answer all your questions.

There is a specific tax code provision pertaining to bankrupts, saying basically if you emerge from bankruptcy without significant assets,...
Read more »

View More Answers

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
PREMIUM
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.

2 Answers | Asked in Bankruptcy for Connecticut on
Q: A question about bankruptcy.

A friend filed for bankruptcy in 2015 because a debtor collector firm filed a lawsuit to foreclose on her home. In which her mortgage had been rescinded in 2005 by her attorney because she had incomplete contract with Ameriquest. So since 2005 by her attorney's advised she stopped making... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on May 12, 2022

Although the bankruptcy discharge extinguishes the personal liability of a debtor, it does not extinguish an action against the debtor in rem, i.e., the secured creditor’s right to enforce its mortgage lien. As long as the mortgage was valid, the secured claim the lender had against the property... Read more »

View More Answers

1 Answer | Asked in Divorce, Estate Planning and Family Law for Connecticut on
Q: Ex husband died in Texas. Divorce was final in CT. Will I receive life insurance payout or will it be revoked?
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 1, 2022

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 »

1 Answer | Asked in Contracts, Employment Law and Education Law for Connecticut on
Q: Do I have a case? 2017 & 2018 both contractual step increase years. I took leave 2017 & returned 2018 & no step awarded

I am aware that the 2017 year leave of absence cost me the right to have a step increase. This was a decision I made willingly when I chose not to return to work that year. However in 2018 I did return to work and I was still denied a step increase they were two steps in two years and I didn’t... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 13, 2022

This depends on the specific language in your contract. You should contact a Connecticut contract attorney to review the contract regarding step increases and any potential exceptions to this rule.

1 Answer | Asked in Car Accidents for Connecticut on
Q: Is it a violation to turn left into the nearest lane( a left turn only lane) while a car passes in the center lane

Car A at stop sign waiting to turn left from lot onto roadway with two oncoming lanes(south) and three right lanes(north) (Closest is left turn only lane). Car B is traveling north in center of three lanes. Car A turn into closest lane as Car B passes. Car B changes into left turn lane colliding... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 9, 2022

A Connecticut attorney could advise best, but your question remains open for two weeks. I'm sorry about your accident. I hope no one was hurt. The orientation of the cars and an accurate road layout is not fully clear. But in general in most jurisdictions, a vehicle emerging from a lot or... Read more »

1 Answer | Asked in Criminal Law for Connecticut on
Q: If I have proof that I was told she was 18 before we slept together does that not give me any defense atall???
Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

It's a classic situation where she might have even showed you a fake ID. Doesn't matter unfortunately. Might help with a plea deal though. Speak with your attorney. Good luck.

1 Answer | Asked in Divorce for Connecticut on
Q: My ex wife just moved bed into her boyfriends apartment. Can I stop paying my alimony without going to court?
Tara C. Dugo
Tara C. Dugo
answered on Mar 7, 2022

No. You would need to file a motion for modification with the court, claiming cohabitation. Assuming you are able to demonstrate that your ex is cohabitating, the court could then issue orders terminating, modifying or suspending alimony (depending on the language of divorce judgment). Stopping... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Can my attorney write my personal injury settlement check to my trust?

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 »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 7, 2022

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 »

Q: 5:14-cv-03139-SAC-DJW. Help please.
Tim Akpinar
Tim Akpinar
answered on Mar 4, 2022

A Connecticut attorney could advise best, but your question remains open for two weeks. And you post under Personal Injury and Appeals/Appellate, suggesting that a need to appeal your matter might be at hand. With the question & answer format here, it's difficult for attorneys to reach out... Read more »

1 Answer | Asked in Copyright for Connecticut on
Q: Question about what qualifies as "Work for Hire" with regard to copyright law

I'm a real estate photographer and the normal agreement I have with my clients is to grant them license to use the photos for purposes of marketing the property but I still own the copyright to all my photos. A client just contacted me to say that their company is now requiring photographers... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 1, 2022

A photo can be a "work for hire" if you agree in writing that it is, even if you are an independent contractor not an employee.

If you have any bargaining power, you could add a provision that you have permission to use the photos as examples in marketing your photographic...
Read more »

1 Answer | Asked in Family Law and Immigration Law for Connecticut on
Q: I was wondering can someone legally keep my citizenship documents and refuse to give it to me?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 18, 2022

It depends.

If there is a pending criminal case the judge may order a defendant to surrender one's passport. Secondly, a minor under 18 may not request one's passport for any reason from one's custodial parents or legal guardians.

If someone crosses the border and...
Read more »

1 Answer | Asked in Criminal Law for Connecticut on
Q: what should i do when i'm in court

INTERFERE WITH OFFCR/RESISTINGA

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

Bring an attorney. If you can't afford one, ask the court to appoint one.

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
PREMIUM
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 Estate Planning and Elder Law for Connecticut on
Q: Elderly, disabled mom taken advantage of financially by my brother.

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 »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 30, 2022

If the house is in your mother's name, like you wrote, she does not need your brother's signature or permission to sell it.

You also report this abuse to the local Adult Protective Services office.

1 Answer | Asked in Personal Injury for Connecticut on
Q: If I sprained my ankle due to an unsalted sidewalk at McDonald's is McDonald's liable to pay my ambulance ride and bills

I went to my local McDonald's yesterday around 5:30 in the afternoon it's been between 30-35°f so the ice is melting off the roof and freezing onto the sidewalk. And because of covid they only have one entrance. I ordered curbside but they took about 30 min so I decided to go inside and... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 27, 2022

A Connecticut attorney could advise best, but your question remains open for a week. It could depend on the outcome of the investigation of the accident. Property owners and businesses could have their own policies and procedures for handling accidents that occur on their premises. If you are... Read more »

1 Answer | Asked in Estate Planning and Family Law for Connecticut on
Q: Hi- splitting with my partner we are not married but have kids and assets together; need advice ASAP.

Deed on the house is under both our names loan is only under my name we have a car that is under his name but I drive and have made all the payments we also have two kids.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 27, 2022

You can use the Find a Lawyer link above to find a lawyer in your area. You can search by practice areas.

1 Answer | Asked in Business Formation and Business Law for Connecticut on
Q: Can I use a virtual address to form my LLC in Connecticut?

I tried iPostal1 it was denied, my friend in the past used Regus but I’m not sure how valid that is

Joseph B. LaRocco
PREMIUM
Joseph B. LaRocco
answered on Jan 25, 2022

Yes. The directions to filing provide as follows:

"PRINCIPAL OFFICE: Include street number, street name, city, state, and zip code. No P.O. Box."

--

Also, in Connecticut a limited liability company must list the name and address of a registered agent with a...
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
PREMIUM
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.

2 Answers | Asked in Family Law and Immigration Law for Connecticut on
Q: I do got engaged from foreign country I want to know how to call her here for marriage
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Jan 22, 2022

You can bring her here on a fiance visa. That visa allows her to come here and you can get married within 90 days. You complete the various paperwork necessary for the application and submit it to USCIS and she gets an interview at the consulate in her country when the application is approved. At... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.