Connecticut Estate Planning Questions & Answers
Q: My father is dying in South Carolina my sister is power of attorney, doe's she legally have to notify me about will?
Steven Basche's answer
Most states require notice to all heirs (relatives who would inherit property if the decedent died without a will) if there is an application to admit a will to probate. That doesn't happen until after death. But nowadays, a lot of assets pass outside of probate, by joint account or beneficiary designation, for example. So sometimes there is no actual probate needed or filed. You will probably need to check with an Attorney in South Carolina for more specific info.
Most states require notice to all heirs (relatives who would inherit property if the decedent died without a will) if there is an application to admit a will to probate. That doesn't happen until after death. But nowadays, a lot of assets pass outside of probate, by joint account or beneficiary designation, for example. So sometimes there is no actual probate needed or filed. You will probably need to check with an Attorney in South Carolina for more specific info.
Q: 2 names listed on title but manner in which title is held is one name SOLELY
Nicole M. Camporeale's answer
From the facts you've provided, it seems as though your mom is a co-borrower on the loan/mortgage but is not a co-owner of the property itself. While this is beneficial for you, it is less beneficial for your mom. I would recommend consulting with the real estate attorney that handled your refinance so he/she can provide an accurate answer based specifically on your situation as they have first hand knowledge of your closing, while I do not.
I believe this would mean that if you died,...
From the facts you've provided, it seems as though your mom is a co-borrower on the loan/mortgage but is not a co-owner of the property itself. While this is beneficial for you, it is less beneficial for your mom. I would recommend consulting with the real estate attorney that handled your refinance so he/she can provide an accurate answer based specifically on your situation as they have first hand knowledge of your closing, while I do not.
I believe this would mean that if you died,...
Q: I delivered a car but the person died before he paid for it. Can I send the bill to his kids?
Matthew A. Wiley's answer
You can do whatever you want to do. However, technically you need to file a claim against his estate. If you do not file the claim following a very specific set of rules your request for money can legally be denied. Generally the claim must be sent to his executor (which is published in the newspaper) within either 3 months or 5 months depending on the very specific rule that applies.
Needless to say do not delay and it probably makes sense to have an attorney file the claim for you to...
You can do whatever you want to do. However, technically you need to file a claim against his estate. If you do not file the claim following a very specific set of rules your request for money can legally be denied. Generally the claim must be sent to his executor (which is published in the newspaper) within either 3 months or 5 months depending on the very specific rule that applies.
Needless to say do not delay and it probably makes sense to have an attorney file the claim for you to...
Q: If I die before my spouse and the mortgage and deed are in my name only, will she still inherit our house?
Matthew A. Wiley's answer
It depends. First if you have a will then that will govern who inherits your house at death. If you do not have a will then the CT rules of intestacy govern who inherits your house. The rules depend on whether you have children and a variety of other factors. Surprisingly, usually the spouse does not inherit 100% of a deceased spouses assets at death under intestacy. Why leave it to chance when you can easily prepare a fairly basic will to avoid this situation.
The mortgage debt is...
It depends. First if you have a will then that will govern who inherits your house at death. If you do not have a will then the CT rules of intestacy govern who inherits your house. The rules depend on whether you have children and a variety of other factors. Surprisingly, usually the spouse does not inherit 100% of a deceased spouses assets at death under intestacy. Why leave it to chance when you can easily prepare a fairly basic will to avoid this situation.
The mortgage debt is...
Q: What is the protocol for initiating a Mutual Distribution Agreement offer in CT. ? How should one party approach others?
Matthew A. Wiley's answer
The attorney should be the first one you discuss it with. You may ultimately need an attorney as a beneficiary as well. In order to get that MDA approved everyone and the Probate Judge would need to be in agreement.
The attorney should be the first one you discuss it with. You may ultimately need an attorney as a beneficiary as well. In order to get that MDA approved everyone and the Probate Judge would need to be in agreement.
Q: A Mutual Distribution Agreement, Involving a Charity, represented by the AG office.
Matthew A. Wiley's answer
No. The Executor or Trustee would represent the grantors intent to the extent it is allowed. The AG would represent potentially the charity and definitely the public's interest. Intent is somewhat irrelevant to the AG in this context.
No. The Executor or Trustee would represent the grantors intent to the extent it is allowed. The AG would represent potentially the charity and definitely the public's interest. Intent is somewhat irrelevant to the AG in this context.
Q: There are three biological children who are not named in the will but are needed to assign a PR in the State of Georgia,
Matthew A. Wiley's answer
This issue is quite complex. Your question does not provide enough information to fully answer it. Feel free to give my office a call and schedule a consultation and we can discuss this in more detail. 203.446.4725.
Reading between the lines. It sounds like someone died in GA and chose to disinherit their children. While I can not speak to Georgia law specifically in almost all states children are mandatory notice parties even if disinherited. Therefore you will have the opportunity...
This issue is quite complex. Your question does not provide enough information to fully answer it. Feel free to give my office a call and schedule a consultation and we can discuss this in more detail. 203.446.4725.
Reading between the lines. It sounds like someone died in GA and chose to disinherit their children. While I can not speak to Georgia law specifically in almost all states children are mandatory notice parties even if disinherited. Therefore you will have the opportunity...
Q: Is it possible to enter a rental agreement (lease) for a property that is in probate?
1 Answer
| Asked
in
Probate, Real Estate Law, Estate Planning and Landlord - Tenant
for
Connecticut
on
Answered on Sep 24, 2018
Answered on Sep 24, 2018
T. J. Jesky's answer
Short answer: Yes, it is possible.
Probate can tie-up a property for a long period of time, and it may be financially impractical for the property to remain unoccupied during that time.
The court will generally appoint an estate executor or personal representative. This representative is charged by state law with managing the assets during the probate process. Make sure they have the authority to lease the property to you. If you really want to protect yourself, ask the...
Short answer: Yes, it is possible.
Probate can tie-up a property for a long period of time, and it may be financially impractical for the property to remain unoccupied during that time.
The court will generally appoint an estate executor or personal representative. This representative is charged by state law with managing the assets during the probate process. Make sure they have the authority to lease the property to you. If you really want to protect yourself, ask the...
Q: Must a Mutual Distribution agreement only be the result of a will contest?
Steven Basche's answer
Yes, the beneficiaries can agree on a distribution different from the will without a will contest.
Yes, the beneficiaries can agree on a distribution different from the will without a will contest.
Q: Questions about wills in CT. Can they be hand written and must they be notarized
Steven Basche's answer
Connecticut allows handwritten (Holographic) wills under certain circumstances. The will must comply with all of the other requirements, including witnesses. A beneficiary cannot be witness to the will, unless they are also an heir (meaning someone who would get a part of the estate if there were no will). The executor can be a witness, but if they are a beneficiary (they get something from the will) but they are not an heir (next of kin), the will be disqualified. You should hire a lawyer...
Connecticut allows handwritten (Holographic) wills under certain circumstances. The will must comply with all of the other requirements, including witnesses. A beneficiary cannot be witness to the will, unless they are also an heir (meaning someone who would get a part of the estate if there were no will). The executor can be a witness, but if they are a beneficiary (they get something from the will) but they are not an heir (next of kin), the will be disqualified. You should hire a lawyer...
Q: My mom passed in January of this year. Prior to her death she added me (her daughter) to her checking/savings account
Steven Basche's answer
The funds in the joint account became yours upon your mother's death and you are entitled to keep them. That being said, if your name was added as a convenience, and your mother did not explicitly say she wanted you to have the money and not include it as part of the estate, your brother could argue that the money should come back into the estate and be divided. He would have to prove that in court. If he proposes a distribution which is less than your share, you can object and the court...
The funds in the joint account became yours upon your mother's death and you are entitled to keep them. That being said, if your name was added as a convenience, and your mother did not explicitly say she wanted you to have the money and not include it as part of the estate, your brother could argue that the money should come back into the estate and be divided. He would have to prove that in court. If he proposes a distribution which is less than your share, you can object and the court...
Q: What kinds of things should we be aware of as we set up our estate for a disabled child?
Steven Basche's answer
The answer to that seemingly simple question is rather complex. To start, you should be considering setting up a couple of special needs trusts (SNT's). The first trust would be a 3rd party SNT, which is funded by assets owned by a third party (meaning not your child). The second trust is a "1st party" or "self-settled" SNT. This would be funded by assets of your child, which he or she might be entitled to because a relative left money to him or her directly, or by a personal injury...
The answer to that seemingly simple question is rather complex. To start, you should be considering setting up a couple of special needs trusts (SNT's). The first trust would be a 3rd party SNT, which is funded by assets owned by a third party (meaning not your child). The second trust is a "1st party" or "self-settled" SNT. This would be funded by assets of your child, which he or she might be entitled to because a relative left money to him or her directly, or by a personal injury...
Q: My brother is not handling our parents' trust responsibly. Can I have him removed?
Steven Basche's answer
If you are a beneficiary of the trust, you have the right to ask the probate court to get involved to look at your complaints about how he is handling things. Whether the court will remove him depends on the nature of the problems and probably on the terms of the trust. You should contact an attorney with experience in this area.
If you are a beneficiary of the trust, you have the right to ask the probate court to get involved to look at your complaints about how he is handling things. Whether the court will remove him depends on the nature of the problems and probably on the terms of the trust. You should contact an attorney with experience in this area.
Q: I'm pretty sure my uncle's updated will was signed when he was already diagnosed with dementia. Is this legal?
Steven Basche's answer
This is a hard question. Even a person with dementia may have the mental capacity to sign a will or codicil if he knows what he is signing, knows the natural objects of his bounty (his children, relatives, etc.) and knows the extent of his estate.
This is a hard question. Even a person with dementia may have the mental capacity to sign a will or codicil if he knows what he is signing, knows the natural objects of his bounty (his children, relatives, etc.) and knows the extent of his estate.
Q: How do I claim anything when dad left no will? I am closest living relative. No one else cared.
Steven Basche's answer
You can file to become the administrator of the estate. Connecticut law states that if a person dies without a will, and has no spouse, the assets in the estate go to the children.
You can file to become the administrator of the estate. Connecticut law states that if a person dies without a will, and has no spouse, the assets in the estate go to the children.
Q: I believe close relatives are taking advantage of my fathers diminished mental capacity as it relates
1 Answer
| Asked
in
Estate Planning, Elder Law and Probate
for
Connecticut
on
Answered on Apr 3, 2018
Answered on Apr 3, 2018
Steven Basche's answer
You can petition the probate court to have a conservator appointed for your father. This will give you the power to take control and manage assets in his name.
You can petition the probate court to have a conservator appointed for your father. This will give you the power to take control and manage assets in his name.
Q: What can I do if the executor of the estate is not abiding by the provisions/directions of a will?
Steven Basche's answer
You can contact the probate court and possibly ask that the executor be removed for failing to act in accordance with the will. My best advice is to start with the probate court. Even a letter to the judge may get the issue front and center.
You can contact the probate court and possibly ask that the executor be removed for failing to act in accordance with the will. My best advice is to start with the probate court. Even a letter to the judge may get the issue front and center.
Q: Can a power of attorney for a parent purchase property from that parent? Is it a conflict of interest?
Steven Basche's answer
This would be what is called "self-dealing." If the POA document itself allows self dealing transactions, it would most likely be ok assuming that the terms of the transaction are fair. But self-dealing transactions are looked at very closely, so it needs to be a fair deal based on fair values.
This would be what is called "self-dealing." If the POA document itself allows self dealing transactions, it would most likely be ok assuming that the terms of the transaction are fair. But self-dealing transactions are looked at very closely, so it needs to be a fair deal based on fair values.
Q: How does one remove a 'life-use' clause from a real estate quit-claim deed?
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Connecticut
on
Answered on Apr 3, 2018
Answered on Apr 3, 2018
Christopher H. McCormick's answer
Unfortunately the only way to get rid of the life use is to probate your grandmother's estate. An estate tax return reflecting the full value of the property needs to be filed with the probate court and a certificate releasing the estate tax be issued and recorded. This terminates the life use interest in the property.
Unfortunately the only way to get rid of the life use is to probate your grandmother's estate. An estate tax return reflecting the full value of the property needs to be filed with the probate court and a certificate releasing the estate tax be issued and recorded. This terminates the life use interest in the property.
Q: I am drafting up my will. Do I have to name my wife to take care of our kids if I die?
Nicole M. Camporeale's answer
It is always recommended that you see the assistance of a licensed attorney to drafting your Will. DIY Wills can cause more harm then good if not executed properly.
It is always recommended that you see the assistance of a licensed attorney to drafting your Will. DIY Wills can cause more harm then good if not executed properly.
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