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Connecticut Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Connecticut on
Q: I have filled out a statutory short form power of attorney in Ct. Is this legal and binding?

I will. have this form notarized with two witnesses. Do I still need to go to a lawyer.? Thank you for your time

Steven Basche
Steven Basche answered on Apr 29, 2021

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.

2 Answers | Asked in Elder Law, Estate Planning and Public Benefits for Connecticut on
Q: Can items like a laptop and cell phone count as Medicaid spend down for a parent being admitted to a nursing home in CT?

My father was unexpectedly admitted to a skilled nursing facility after falling ill last year. He will need to remain their for the long term and we are now going through the Medicaid application as Medicare has stopped coverage for this service. We will have to spend down some of his money to... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 6, 2021

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 »

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2 Answers | Asked in Contracts, Estate Planning, Elder Law and Probate for Connecticut on
Q: Can children (and their spouses) serve as witnesses for their parent when signing a Power of Attorney in CT?

Due to a sudden illness, my father was admitted to a skilled nursing facility in late 2020. His Medicare eligibility is now lapsing and I need a Power of Attorney agreement to assist with his Medicaid enrollment, funeral planning, managing of finances, etc. Due to Covid restrictions, his facility... Read more »

Steven Basche
Steven Basche answered on Mar 26, 2021

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 »

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2 Answers | Asked in Estate Planning for Connecticut on
Q: Can an executor deposit a check made out to a beneficiary into an estate account ?

My husband is executor of my mothers will, however a check made out to me (as I was the beneficiary of an account) arrived. He wants to deposit it into an estate account along with checks from another account that is part of the estate so that he can distribute evenly between me and my sisters,... Read more »

Steven Basche
Steven Basche answered on Mar 23, 2021

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 »

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: If I have legal custody of a child, does she inherits my property in P.R?

My grandmother build a house for me in P.R. she passed away unexpectedly (no living will). She had two other children. Am I entitle to part of the property or not?

Joseph Maya
Joseph Maya answered on Mar 16, 2021

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.

1 Answer | Asked in Estate Planning for Connecticut on
Q: Our son is the beneficiary of a GST set up by his grandparents. Can he draw on the trust before we die?

He is 34 y.o and marginally employed (at best) We support him 100% financially and that is putting us in a hard place. The income generated by this trust is not enough to support us as my husband 70 y.o.retired , I am 61 and have a low paying job and we have a 17 y.o. daughter who wants to go to... Read more »

Steven Basche
Steven Basche answered on Feb 11, 2021

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.

2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Can a 401k and HSA distribution be added to a general estate bank account if there are no beneficiaries assigned?

My brother passed away last year and did not have a will. The case is currently in CT probate court. There is a surviving brother and myself, no spouse, parents or children. I am also the administrator for his probate case. Can a 401K and HSA distribution be added to the established estate bank... Read more »

Steven Basche
Steven Basche answered on Feb 4, 2021

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.

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: If a stepdaughter gets poa of her mother to get my dads estate while we are in probate court will she inherit some estat
Steven Basche
Steven Basche answered on Jan 7, 2021

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.

1 Answer | Asked in Estate Planning for Connecticut on
Q: Can my sibling make false accusations against me as administrator of my dads estate regarding belongings (assets)?

I was just appointed administrator to my dads estate. I've had to prematurely remove all assets left at my dad's property do to my brother taking the majority of high priced belongings. None of the assets are in my dads name. But I have been verbally threatened by my half brother which... Read more »

Steven Basche
Steven Basche answered on Dec 14, 2020

As the administrator, your first job is to secure the assets in the estate. This means all assets, including tangible personal property (the stuff in his house, art work, furniture, jewelry, etc) which are owned solely by your father. You should also demand that your brother return any asset he... Read more »

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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