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Connecticut Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Connecticut on
Q: In CT Back in March my moms attorney passed away in the middle of settling an estate for her. We have not been notified

Of who is replacing him. He had his own practice with no partners. Where do we go to find out who took his open cases? Thanks

Nina Whitehurst
Nina Whitehurst answered on Oct 1, 2020

Start by contacting the State Bar of Connecticut. They might have been notified by now as to who is taking over his cases. But in the meantime you might be better off just hiring another probate attorney to substitute into the case. It would be a pretty simple motion to make and ought to be... Read more »

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My dad died in Oct. 2017. My brother filed probate papers in March 2018. My brother died in 2020.

I went and got a copy of my dads probate papers. They said both my brother and my name on papers. The estate said there was $30,990. My brother paid my dads furneral $13,000. He kept the balance for himself. He was suppose to split with me. Like I said he passed away a month ago. I didn't know... Read more »

Steven Basche
Steven Basche answered on Jul 21, 2020

Yes, you have a claim against your brother's estate. Probate court where you father died should have copies of the various filings in your father's estate. They should show the amount you were entitled to and then you'd have to prove he kept that money and didn't pay it out to... Read more »

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Connecticut on
Q: My husband's brother passed away 5 years ago in CT, without a will.

My husband was the executor of the estate, however he was unable to continue, as he became ill. Then, his sister became the executor of estate. Both parents and all siblings were named beneficiaries to the estate. There has been a wrongful death lawsuit going on and is now in the process of... Read more »

Steven Basche
Steven Basche answered on Jul 21, 2020

First, my heart goes out to you in this difficult time.

Now to answer the question. You and/or your daughter should be entitled to your husband's share of his brother's estate. Your husband was alive at the time of his brother's death, so he (or in this case his estate)...
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3 Answers | Asked in Estate Planning and Elder Law for Connecticut on
Q: Brother placing mother in AL facility beyond her means and plans to draw down limited assets.

My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

He probably does have that authority under the POA but he would be well advised to consult an elder law attorney regarding options for paying for your mother's care. Medicare should be paying for her medical bills, most likely, and there are legal ways to accelerate eligibility for Medicaid to... Read more »

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1 Answer | Asked in Estate Planning for Connecticut on
Q: Can I get info on what the admin. is doing with my brothers estate? Can I find out his assets?

How do I find out what my brother's assests are and what the administrator is doing/has done? He died unexpectedly, had no will and told no one what he might want. He was employed, had at least one life insurance policy (my mom is the beneficiary), a vehicle, and bank accounts.... Read more »

Joseph Maya
Joseph Maya answered on Jun 2, 2020

When a person who owns property dies in the state of Connecticut, the Probate Court facilitates and oversees the distribution of the property. If the decedent dies without a Will in place, often a family member or friend is appointed to settle the affairs of the estate. A part of the duties of... Read more »

2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Ex wife died intestate .divorced .on title and deed it says survivorship.can i file bankruptcy on my behalf?what happens

To her estate situation since she passed away?

Matthew A. Wiley
Matthew A. Wiley answered on May 27, 2020

There are not quite enough facts to answer this question. There are enough facts to let you know that you should reach out to a lawyer. These types of things can be a bit more complicated than a message board can fully explain.

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Thereare 3 witnesses on my will, incl my wife who’d get everything. Since CT only requires 2 witnesses,is my will valid?
Matthew A. Wiley
Matthew A. Wiley answered on May 13, 2020

Probably yes. There are a few other factors that may matter but having three witnesses means its valid even if one is disqualified. Hope this helps.

1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Connecticut on
Q: Ex spouse died .i as the ex husband have name in title and deed if home .no will .no one has come forward to claim.

I want to walk away from this problem bcuz i cannot pay the mortgage.can i walk away from this home?the house cant get sold because she died without will .i just want to walk away and not deal with this .what are my options.

Timothy Denison
Timothy Denison answered on May 8, 2020

Quitclaim then house to the mortgage holder and walk away.

1 Answer | Asked in Estate Planning and Collections for Connecticut on
Q: I am Conservator for my adult son. Can I be held liable for any of my son's unpaid bills?
Joseph Maya
Joseph Maya answered on Apr 19, 2020

A conservator is a person appointed by the Probate Court to oversee or handle the financial or personal affairs of an adult. Connecticut recognizes two types of conservators. A Conservator of the Person supervises or manages the conserved person’s personal affairs and ensures that the... Read more »

2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: My father just passed away and I'm trying to figure out how do I handle his stuff?

EDIT: If the answer doesn't include anything related to the process and just says HIRE A LAWYER, dont bother

Steven Basche
Steven Basche answered on Mar 29, 2020

You need to hire a lawyer where your father died and seek to be appointed the administrator. This will give you the power to act regarding your father's estate.

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2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: My mother died nearly 24 years ago she is now named in her brother will. I am the only child am I entitled to her share?

My mother had other siblings that are named along with her. Her brother was of sound mind and knew my mother died over 20 years ago. My mother had a husband at the time of her death. Is he entitled? Thanks

Linda Ann Subbloie
Linda Ann Subbloie answered on Feb 11, 2020

My guess is that her brother's siblings would inherit before you unless the will states otherwise. Sometimes, wills state that if a sibling is deceased, that person's heirs get their share.

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1 Answer | Asked in Probate and Estate Planning for Connecticut on
Q: What happens when an executor doesn't send out other's portions of an estate decided by probate?

My daughters father passes, his mother became executor at probate court here in CT. I recieved the proof of what money he had, what amount his mother was to be reimbursed and then for the remainder to be sent to my daughter. She has not sent it and probate court says they can not do anything else.... Read more »

Linda Ann Subbloie
Linda Ann Subbloie answered on Feb 10, 2020

It appears that you may not understand the probate process and that is okay. If your daughter is the beneficiary/heir to a sum of money she must be given the money. The probate court is the ultimate court of relief and has the power to make sure this happens. That is what the probate court is for.... Read more »

1 Answer | Asked in Divorce, Estate Planning and Family Law for Connecticut on
Q: My husband and I divorced about 4yrs ago and in the divorce decree I was awarded 50% of his pension and 60% of his 401k

My husband and I divorced about 4yrs ago and in the divorce decree I was awarded 50% of his pension and 60% of his 401k employee savings. His attorney was to submit the QDRO info, I received a payment payout on the pension plan. But I recently realized that I never received anything on his 401k... Read more »

Linda Ann Subbloie
Linda Ann Subbloie answered on Jan 22, 2020

My first question is: Was his attorney supposed to actually draft the QDRO and file it with the court? The reason I ask is that usually, most of us family attorneys, farm out QDRO's to an attorney who specializes in QDROs. There are a handful of attorneys who handle them. For purposes of this... Read more »

2 Answers | Asked in Estate Planning for Connecticut on
Q: My husband bought our house in his name only. I am not on mortgage or deed am I responsible for it if he dies. Thanks

Live in CT and he had no will at this time.

Nina Whitehurst
Nina Whitehurst answered on Sep 12, 2019

You are not and will not be personally liable on the loan because you did not sign the note. However, if you inherit the house the lender can foreclose if the payments stop rolling in.

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2 Answers | Asked in Estate Planning and Probate for Connecticut on
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

Nicole M. Camporeale
Nicole M. Camporeale answered on Aug 13, 2019

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... Read more »

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
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
Steven Basche answered on Apr 18, 2019

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... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Connecticut on
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 »

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 15, 2019

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 »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
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
Matthew A. Wiley answered on Dec 8, 2018

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 »

1 Answer | Asked in Estate Planning for Connecticut on
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?

Matthew A. Wiley
Matthew A. Wiley answered on Oct 27, 2018

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 »

1 Answer | Asked in Probate and Estate Planning for Connecticut on
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 »

Matthew A. Wiley
Matthew A. Wiley answered on Oct 27, 2018

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.

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