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... Read more »

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... Read more »

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 »

He would have to:

1. Put you in his will as a beneficiary and specify what you get- as specific bequests or his entire estate;

2. Put you on one or more financial accounts as a joint owner or as a beneficiary;

3. You would have to be on the deed to real estate as joint... Read more »

Probably. Assuming the person from whom your mother will inherit has already died, and it is just a matter of administering the estate of that person, if your mother's will says that her estate goes to you, the money she will inherit will be part of your mother's estate and will pass to... Read more »

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 »

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 »

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 »

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.

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

Very often after a revocable trust is created (or at the same time) the grantor who sets up the trust will transfer his or her house to the trust via a deed. It is unusual, very unusual, for the trust itself to convey real property.

So assuming you follow the procedure of setting up the... Read more »

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 »

You should be all set. Just make sure you understand that the initial powers, usually on the first page, are all included unless you cross them out, but the optional estate planning powers are not included unless you initial next to them to add them in.

It depends on the state. Every state has different eligibility requirements. Usually the items that you mentioned would not be considered assets for Medicaid eligibility. The administrators of the skilled nursing home are the best people to talk to since they know all the ins and outs of Medicaid... Read more »

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 »

I wouldn't say you are wrong. If you are the beneficiary on the account, that money is yours. That being said, if your mother's wishes were for "everything" to be divided equally, you have moral, and possibly a legal, duty to include the money from that account as party of the... Read more »

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.

To answer your question, we would need to review the trust agreement itself. It really depends on the language used in the document. My guess is that your son should be able to get money from the trust, but without reviewing the document it's impossible to say.

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.

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.