The car is not subject to probate and should not be listed on the probate inventory.

The title transfer is handled by Connecticut DMV.

The vehicle should however be listed on the CT estate tax return, which is typically filed as part of probate.

Nicholas Arthur Matlach Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2024

Here's some information based on Connecticut law, but please remember to consult an estate planning attorney for advice on your specific situation:

- Joint Ownership & Right of Survivorship: In Connecticut, joint bank accounts with the right of survivorship are generally presumed... View More

Based on the information you provided, you would be better off filing in Connecticut. It sounds to me that he was a resident of Connecticut, and was only temporarily in Massachusetts. Also, because he has assets in Connecticut, the Connecticut probate court, would certainly have jurisdiction.

Your father's domicile controls, which is where he lived with an intent to return. If he has a CT condo, receives mail there and intended to return, then probate court for the town of his Connecticut residence would have jurisdiction.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Consult with a probate attorney in CT for advice on venue. Sometimes it is better to venue shop, especially in view of estate creditors and asset location. Or it may make no difference except to the fiduciary's convenience.

Unfortunately, there is no central registry for wills. often attorneys will post on the Connecticut Bar Association, listserv asking if anyone has the will for a particular individual. Keep in mind that if you are unable to locate, the will, the Connecticut intestacy statute may provide for the... View More

Investing the funds in CD's may be a good idea, but you have to keep in mind that the estate may need some liquidity to pay ongoing or other expenses. Also, you should consider rolling maturity dates, say some 3 month CD's, some 6 month CD's and some 9 month CD's. This way you... View More

If the account is under $40,000 then you can file with the probate court in the district where he lived a simplified estate intestate. Intestate means the estate passes by statute instead of a will. The statute explains who in the bloodline will inherit.

If the account is over $40,000,... View More

Yes. You and your brother are the named beneficiaries of what is called the "residuary estate." After all expenses of probate, and after any claims against the estate are paid, the two of you will split the remainder. Near the end of the the probate process, the executor will need to... View More

It is difficult to get a probate court to exercise jurisdiction over accounts passing by way of beneficiary designation. Such assets are technically "non-probate" assets. A separate action can, however, be brought in Superior Court for undue influence or lack of capacity in transferring... View More

Joint accounts and real estate held jointly in survivorship do not require CT probate.

However, an estate tax return is due 6 months from date of death, but that is a different issue (See Form 706NT (nontaxable estate) and Form 706 (taxable estate).

The house:

So long as the deed to the house indicates that the house is in joint names with rights of survivorship then the house would go to you upon his death. No probate is needed. If the house is in joint names, but is not in survivorship, then his share goes to his heirs which would... View More

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answered on Feb 13, 2023

If the house is not sold during the probate administration (which sometimes happens in order to pay debts and expenses), then hire an attorney to help you file a partition action against the other co-owners. Most likely the property cannot be divided (partitioned) and the court will order that it... View More

Your mother, if she was married to your father, would typically file a petition to be appointed as "Administrator" of your father's estate. This is done at the probate court for the town where your father resided at the time of death. A death certificate is required, as well as the... View More

For Puerto Rico property you would have to pursue probate in Puerto Rico using a Puerto Rico attorney.

Typically this is called ancillary probate, which would follow any probate started in CT for CT assets.

Even if there is no CT probate, you would have to speak with a Puerto Rico... View More

Under CT law, a minor who receives a settlement must have the funds deposited in a restricted account administered by the Probate Court. Your mother cannot withdraw money unless she gets an order approving the withdrawal from the Court. In another words, she would have to apply for permission to... View More

In addition to Attorney Beckert's comment you may want to check with the probate court which has jurisdiction over the town where you lived to see if such an estate was opened on your behalf and, if so, follow up with that court to determine the status. You can also check the Superior Court... View More

Any recovery for wrongful death would be paid to the estate and would be divided up either according to the will or the laws of intestacy, not to you as the person who wanted to bring the action. The action would need to be brought by the executor or administrator.

I don’t practice in Massachusetts, but I think the answer is that there may be a 30 day appeal period that needs to run before the proceeds can be disbursed.

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answered on Sep 22, 2023

Since you are in Alaska, I would recommend contacting the Probate Court and asking for copies of the entire Probate File be sent to you. Or hire a CT attorney to look into to it and advise what should be done, if anything.