Connecticut Estate Planning Questions & Answers
Q: Hi, my husband passed in June here in Connecticut. I'm trying to understand if I'm responsible for his medical bills.
Thank you
I am sorry to hear of the loss of your husband. Regarding his debts, in particular medical bills, it depends. Generally speaking, debts in the sole name of the deceased individual are only the responsibility of the decedent's estate, not surviving family. This means, any probate assets he owned,... Read more »
Q: My father is dying in South Carolina my sister is power of attorney, doe's she legally have to notify me about will?
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... Read more »
Q: 2 names listed on title but manner in which title is held is one name SOLELY
I recently refinanced my home and required a cosigner since I lost my job due to disability. My mother was listed on the closing documents as a borrower. On the Loan Application it states under “The title will be listed in what names: Theodore xxxxx, Elvira xxxxx. The next box states, “Manner... Read more »
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... Read more »
Q: I delivered a car but the person died before he paid for it. Can I send the bill to his kids?
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... Read more »
Q: If I die before my spouse and the mortgage and deed are in my name only, will she still inherit our house?
How will the mortgage debt be handled?
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... Read more »
Q: What is the protocol for initiating a Mutual Distribution Agreement offer in CT. ? How should one party approach others?
Several natural person (relatives of deceased) are income beneficiaries of testamenary trusts, and a charity is the remainder beneficiary after all income beneficiaries are dead. The relatives want to approach the charity (AG office) to sugggest a Mutual Distribution Agreement.
The... Read more »
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.
CT - Does the AG office, in addition to representing the charity, also act as guardian of the testators's intent, in a Mutual Distribution Agreement between a charity and income beneficiaries?
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,
None of the Biological children are heirs just a step-grandson what recourse do the biological children have? the will must be executed in GA the biological children live in CT
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... Read more »
Q: Is it possible to enter a rental agreement (lease) for a property that is in probate?
It should be noted that the beneficiary - in this case, the deceased's wife, wants to rent it out. The property is in probate bc it was only in the deceased's name.
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... Read more »
Q: Must a Mutual Distribution agreement only be the result of a will contest?
Or
Can all the beneficiaries get together and agree on a distribution that is 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
Can witness be executor to the will
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... Read more »
Q: My mom passed in January of this year. Prior to her death she added me (her daughter) to her checking/savings account
With survivorship. The account was used to pay bills etc and was not included in the will. In her will she stated her estate to be divided by 8 children. My sibling is accusing me of taking money from bank account and says he won’t give me anything from the estate. Could he do this legally? Could... Read more »
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... Read more »
Q: What kinds of things should we be aware of as we set up our estate for a disabled child?
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... Read more »
Q: My brother is not handling our parents' trust responsibly. Can I have him removed?
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... Read more »
Q: I'm pretty sure my uncle's updated will was signed when he was already diagnosed with dementia. Is this legal?
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.
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
to his ownership of properties and distribution at death. He does not have a will and his name is not on the deeds anymore (unsure why removed) but the plan was they quit claim it back to him at 50%. He recently changed his mind. Is there anything his child can do legally to get this back as I... Read more »
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?
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?
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?
Our grandmother died in 2003, having previously (1988) signed a Quit-Claim Deed giving her house to my brother, reserving life use for herself. She had no assets when she passed other than the 'life use' clause; we neglected to probate her will (out of ignorance) and now cannot locate the will.... Read more »
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... Read more »
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