Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2024

You might want to hire another attorney. His suggested choice of banks is not legally binding nor illegal. But if you really want to bank somewhere else, you will need another attorney as the present one wants to do business with who he knows.

The car is not subject to probate and should not be listed on the probate inventory.

The title transfer is handled by Connecticut DMV.

The vehicle should however be listed on the CT estate tax return, which is typically filed as part of probate.

Nicholas Arthur Matlach Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2024

Here's some information based on Connecticut law, but please remember to consult an estate planning attorney for advice on your specific situation:

- Joint Ownership & Right of Survivorship: In Connecticut, joint bank accounts with the right of survivorship are generally presumed... View More

Based on the information you provided, you would be better off filing in Connecticut. It sounds to me that he was a resident of Connecticut, and was only temporarily in Massachusetts. Also, because he has assets in Connecticut, the Connecticut probate court, would certainly have jurisdiction.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Consult with a probate attorney in CT for advice on venue. Sometimes it is better to venue shop, especially in view of estate creditors and asset location. Or it may make no difference except to the fiduciary's convenience.

Your father's domicile controls, which is where he lived with an intent to return. If he has a CT condo, receives mail there and intended to return, then probate court for the town of his Connecticut residence would have jurisdiction.

If you have the original POA, with the actual original signature, and it has not been revoked, you could use it to sign the deed for your closing. You should check with your husband to verify that it has not been revoked, and you should give the original POA to your closing attorney for review.... View More

A Connecticut attorney could advise best, but your question remains open for two weeks. It sounds like you are a student taking law classes. You could check whether there are free sample questions online, either through undergrad courses or sample multistate questions for bar exams. There probably... View More

As a Colorado-licensed attorney, I am not licensed to practice law in Connecticut, and the following is based on a brief review of Connecticut law. Please consult a Connecticut attorney for more specific guidance.

In Connecticut, the rules governing the witnessing of a will and the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2024

When you inherit property through a living trust, it typically receives a step-up in basis to the fair market value at the time of your mother’s death. This means that any capital gain or loss is based on the difference between the sale price and this stepped-up value. The treatment of losses,... View More

I don’t practice in Massachusetts, but I think the answer is that there may be a 30 day appeal period that needs to run before the proceeds can be disbursed.

Investing the funds in CD's may be a good idea, but you have to keep in mind that the estate may need some liquidity to pay ongoing or other expenses. Also, you should consider rolling maturity dates, say some 3 month CD's, some 6 month CD's and some 9 month CD's. This way you... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023

Since you are in Alaska, I would recommend contacting the Probate Court and asking for copies of the entire Probate File be sent to you. Or hire a CT attorney to look into to it and advise what should be done, if anything.

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

No, a new account must be opened in the name of the estate. Before opening an account in the name of the estate you will need to obtain a taxpayer id number for the estate.

If the account is under $40,000 then you can file with the probate court in the district where he lived a simplified estate intestate. Intestate means the estate passes by statute instead of a will. The statute explains who in the bloodline will inherit.

If the account is over $40,000,... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

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

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... View More