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Connecticut Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Connecticut on
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 »

Christopher H. McCormick
Christopher H. McCormick answered on Apr 3, 2018

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 »

1 Answer | Asked in Estate Planning for Connecticut on
Q: I am drafting up my will. Do I have to name my wife to take care of our kids if I die?

I know this sounds pretty easy but my confusion is in naming a different guardian. Do i have to specifically call her out? If i name my in-laws first and I die, does my wife share custody with them? Or does she by default get full custody, and so they would not have to look at my will for purposes... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Feb 5, 2018

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.

1 Answer | Asked in Estate Planning for Connecticut on
Q: Hello, I am a low income senior & I have two questions about my existing will.

1-I no longer live at the address that is in the will. Will that in any way affect the validity of my will?

2-What happens to the condo that I now own which is not in my will? Will it automatically go to my next of kin; my nieces?

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 24, 2018

#1. The address change should not make a material difference with regard to your will being valid.

#2. If your will disposes of the "residue" of your estate, which all well drafted wills should, then your condo would be included in that residue and would be distributed according to who you...
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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Connecticut on
Q: my father passed away in 76 with no will. and owned a home with my mom.. she sold the house .. are we entitled to money?

my father passed away in 1976 without a will. My mother stayed with the home and raised us in.. she recently sold the home . my question is are me and my siblings entitled to any monies from her selling the house.

Ben F Meek III
Ben F Meek III answered on Jan 12, 2018

The answer depends on how she owned the home. Most likely, she and your father owned the home as Joint Tenants with Right of Survivorship. This would mean that both of them owned the entire interest in the property equally and entirely, so when your father died, she would have remained as the... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: I am unclear what amount should be entered in Section 3, Part 2 of form CT-706NT for my husband's monthly pension.

Should I enter the amount he received for the month of his death or do I need to figure out the total amount he has received since his retirement in 1999? There is a survivor monthly benefit which I receive for as long as I live. There was never a lump sum payment received with this pension.

Matthew A. Wiley
Matthew A. Wiley answered on Dec 29, 2017

This is actually a pretty complicated question. Both options you have suggested are the wrong answer. You should meet with an attorney to discuss the options and the pros and cons of classification. From my perspective their are three options:

1. It is not listed as the type of account...
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1 Answer | Asked in Estate Planning for Connecticut on
Q: In CT, are all listed beneficiaries owed a copy of the final estate accounting by the fiduciary/executor?

When the law firm handling the estate provides the final distribution checks, do they also owe (are they required to send) a copy of the final estate accounting to all of the listed beneficiaries? Or is the final accounting only due to the executor, and to the probate court? If the final accounting... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 7, 2017

Yes, the Executor (or attorney representing the executor) is required to provide notice to all beneficiaries of an estate with regard to the final accounting. This is a Probate Court form that the Executor completes which shows all of the money that came into the estate and all of the expeneses... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: If you disagree with an attorney's probate fee who do you contact, the probate judge, another attorney or someone else?
Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

The attorney does not set the probate fee. The probate fee is set by that laws of the state of Connecticut. They are assessed based on the value of the estate that was reported to the court. If you are referring to the attorney's legal fee, if this fee was agreed upon by you (or whomever is the... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My mother died in June 2017 and my father died yesterday. They have a will and have named myself and my sister as

co-executors, They have about $10000 in the bank, a reverse mortgage (we don't want the house) and an ira worth about $30000 which we are both named as beneficiaries. We both don't want to be executors or do any probate filings or notifying anyone of anything. Are we legally required to?

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

Yes you are. There will be no way to get those assets (house and bank account) out of their name (besides the IRA) without going through the Probate Court. It is required that you file the proper forms and pay any fees due. If you fraudulently transfer any of these assets (besides the IRA) to... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: mother passed 2 yrs ago, will left sister as executor & assets to be divided 50/50. I can’t get answers from attorney?

Attorney says he waiting for sister to turn in checkbook, how can I get my share?

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

If it has been 2 years and nothing has been processed properly through the Court, I would recommend writing the Court and asking for a status conference. If granted, the Judge will ask the Executor (your sister) to file an update on why the estate hasn't been finalized. They may even hold a hearing... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Estate Planning for Connecticut on
Q: If my mother changes her original will from leaving everything to me( I'm only child) to my 2 daugthers what can i do?

Mother also is has in new will that everything she ever gave me in my house ( she co signed for, but never lived in) she is willing to them.

Matthew A. Wiley
Matthew A. Wiley answered on Oct 24, 2017

Not a whole lot. Assuring you mother has capacity she is her own person to will her assets to whoever she chooses.

Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter....
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1 Answer | Asked in Estate Planning for Connecticut on
Q: My son inherited his fathers (my ex husbands) life insurance there was no beneficiary

No beneficiary on the life insurance but company deemed my son the rightful recipient because I'm an ex the probate judge made me financial guardian although funds have to be in a restricted account. How can I get the restriction lifted? Possible?

Matthew A. Wiley
Matthew A. Wiley answered on Oct 5, 2017

You should hire a lawyer to help you in working with the Probate Court. The restricted account is designed to protect your son from you spending money for inappropriate purposes. Each year you must account to the court down to the penny on where the money was spent. This is a serious... Read more »

1 Answer | Asked in Family Law, Estate Planning and Securities Law for Connecticut on
Q: Can my friend regain control of his own money?

He has cerebral palsey but had always handled his own money, maunly stock holdings given by his father. His father and mother have passed, his sister and bro in law now control his money in a trust. He has grown unhappy with this arrangement. Can he regain control over his money, apparently between... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Jul 12, 2017

This question requires much more information to give a good answer. 1. it depends what type of trust. is it revocable, irrevocable, is it a special needs trust? 2. is your friend on government benefits? if so he would not want to have control over the assets as he would likely be disqualified from... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Is a 529 plan with child as owner and grandpa as custodian a countable asset for Medicaid,also are grandpa's contributio

s countable in the 5 year lookback period.

Thank you

Nicole M. Camporeale
Nicole M. Camporeale answered on Jul 12, 2017

Generally i would say that this would be a countable asset of the grandparent. However, there may be some ways to transfer it to the child and argue to DSS that this is valid. However, that may not always work. More research would need to be done on the situation to give a better answer. For that... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Can my military husband living overseas revoke my power of attorney by email.

Can he stated I'm not allowed to drive the car in both our name or co m e an arms distance to the rental property we own and deposit our joint taxes in our account but not spend a dime without his permission.

Nicole M. Camporeale
Nicole M. Camporeale answered on Jul 12, 2017

Your question is not fully clear so my answer is conditioned upon my reading of the question. When you say "revoke my power of attorney" that to me means you have executed a power of attorney instrument for yourself, naming someone as your agent. If that is the case then no he cannot revoke a... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: How could I find out who handled my mother's estate
Nicole M. Camporeale
Nicole M. Camporeale answered on Jul 12, 2017

Go to the local probate court in the town/district that your mom lived in as of the date of her death, or where she owned property as of the date of her death. If that was where the estate was probated you should find all of the court filings there and can determine who probated the estate. Has a... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: After final accounting approval is there a additional wait till after appeal period before distribution
Nicole M. Camporeale
Nicole M. Camporeale answered on Jul 12, 2017

Generally no. Once the final accounting is submitted to the court, the court will notify all beneficiaries that they have a right to a hearing to appeal or contest the approval of the final account. If no one asks for a hearing or disputes the final account, the court will approval. If the court... Read more »

1 Answer | Asked in Probate, Estate Planning, Real Estate Law and Collections for Connecticut on
Q: What happens when you find the original will after probate judge deems you execute it, but you are sole benefactr in wil

My mother died, I was deemed executrix of estate when no will as found. At that time, I discovered for 25+ years, she put me on property title as half owner since 1988. So, However, the will was ultimately found and I was deemed sole beneficiary of his property and assets. I filed the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Mar 18, 2017

You've scrambled pronouns around so it is hard to determine who you are talking about with 'his' property ... both you and your mother are female, right? If Probate is still open and property not yet distributed, it is simply a matter of having the new will 'admitted' for administration, and then... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Connecticut on
Q: If I am my mother's Health Care Ageny, Attorney-in-fact for health care decisions and conservator for future incapacity

do I also need POA now that she is 91 and failing? Mom lives with me, but too ill to keep at home much longer.

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 19, 2017

This is a good question! It seems as though you are named as her health care agent, which means you are able to make health care decisions, end of life decisions, consent to surgery etc. If your mom doesn't have a Durable Power of Attorney instrument naming you as her Power of Attorney for... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Can a power attorney establish a trust for the person he is the power attorney
Nicole M. Camporeale
Nicole M. Camporeale answered on Mar 13, 2016

The answer to this would depend on a number of factors including the powers given to the POA in the authorizing document. If you are POA and are considering establishing a trust, you should definitely be working closely with an attorney to determine if this is the best course of action. At that... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Would a notarized document be legally upheld in the case that my husband and I both die?

I want to have a document of some sort that states if my husband and I die, my son is to be placed in the custody of my best friend. If I type a document and have it notarized with both of our signatures will it be legally upheld in the case that we do both pass away? Or is there something else I... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Mar 13, 2016

If both you and your husband were to pass away without a will in place stating who you would like to name as guardian of your son, the Probate Court would decide who is appointed to this position. The Probate Court may take into consideraton this document when making its decision, but only if it is... Read more »

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