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Connecticut Estate Planning Questions & Answers
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
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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... View 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
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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.... View 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.... View 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... View 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... View 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
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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... View 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
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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... View 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... View 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... View 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... View 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... View 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... View 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.

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

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

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.

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

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

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...
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1 Answer | Asked in Probate, Real Estate Law, Estate Planning and Landlord - Tenant for Connecticut on
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.

T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

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...
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1 Answer | Asked in Estate Planning for Connecticut on
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?

Steven Basche
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Steven Basche
answered on Sep 19, 2018

Yes, the beneficiaries can agree on a distribution different from the will without a will contest.

2 Answers | Asked in Estate Planning for Connecticut on
Q: Questions about wills in CT. Can they be hand written and must they be notarized

Can witness be executor to the will

Steven Basche
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Steven Basche
answered on Aug 28, 2018

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... View More

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1 Answer | Asked in Estate Planning for Connecticut on
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... View More

Steven Basche
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Steven Basche
answered on Aug 22, 2018

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... View More

1 Answer | Asked in Estate Planning for Connecticut on
Q: What kinds of things should we be aware of as we set up our estate for a disabled child?
Steven Basche
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Steven Basche
answered on Jul 16, 2018

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... View More

1 Answer | Asked in Estate Planning for Connecticut on
Q: My brother is not handling our parents' trust responsibly. Can I have him removed?
Steven Basche
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Steven Basche
answered on Jul 9, 2018

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... View More

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