My brother who had power of attorney and signs on my Dad's accounts prior to his death "just so happened" to be the sole beneficiary on both "passbook savings" accounts, checking accounts. He already distributed that money prior to first scheduled probate hearing without my... Read more »
answered on Mar 10, 2023
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... Read more »
She had ALS and when it came time to sign the will, she could only make an "X. Her lawyer and my sister, who is the executrix were present. I'm not sure if this is significant but her house was sold three months after her death.
Is this a long time for a will to be in probate?... Read more »
answered on Mar 10, 2023
Either hire a CT attorney or go to the Court handling probate and read the file carefully.
Ok so if my dad dies and he has no written will but my name is on the house and the bank account with his does it have to go through probate for my siblings
answered on Mar 2, 2023
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).
Her will is in probate. We have no interest in keeping our half, we just want our monetary share. Once probate is settled, can we force a sale from whomever the probate court designates as the other half owner? And how do we do that? Should we notify the probate court before the probate case is... Read more »
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... Read more »
To his home he bought in Puerto Rico.
answered on Jan 8, 2023
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... Read more »
I had a malpractice suit against the doctor when I was a minor. Judge reward money for me and because I was a minor my mom had it. My mom has been secretly using my settlement money since I was a minor and still using it. I am an adult, and I am not under guardianship, but mom tells me I can't... Read more »
answered on Nov 9, 2022
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... Read more »
My sister is on my mother's bank account as the beneficiary can she automatically use the money in the account to pay bills after my mother's death without going through probate
answered on Jun 16, 2022
Yes and no. The bank will need to be provided with a death certificate first before they update the name on the account.
I am my father's power of attorney, healthcare representative, and conservator of his estate. He has decided to withdraw life support measures and will go into hospice with a life expectancy of about a week. He had to spend down assets to qualify for Medicaid and could not provide much for... Read more »
answered on Feb 3, 2022
In most states, the ability of an agent under a power of attorney to make gifts on behalf of the principal is a "hot power", meaning it is not covered by general language in a POA. It must be specifically stated. Look for specific authority in the POA to make gifts and see if there are... Read more »
I have been paying on a life insurance policy for my great uncle for over 20 years and am listed as the beneficiary, does this policy have to be listed in the probate proceedings?
answered on Jan 23, 2022
Not strictly speaking. Life insurance passes outside of probate. That said, the proceeds will probably need to be listed on the estate tax return. The proceeds may be included in your great uncle's estate, but unless the total is over 9.1 million (for 2022), no estate tax will be owed.
Some trucks and don’t know where the titles are.He didn’t really tell use much.What would be the next step?
answered on Oct 11, 2021
You will need to petition the probate court for what is called intestate administration. That is what the process is called when someone dies without a will. Since his solely owned assets are more than $40,000, you won't be able to file a short form probate (called an affidavit in lieu of... Read more »
answered on Oct 11, 2021
From the brief facts described, you will need to file an application with the probate court in the state of domicile. There are a few different forms that may need to be filed depending on your circumstances and how the assets were titled. Some assets may have a beneficiary already listed, or may... Read more »
I also have a car under my husband name
answered on Oct 4, 2021
You may not need a full probate process, but you will have to submit an estate tax return to show the estate is not taxable. Only estates over $7.1 million are taxable in Connecticut. You may be able to file what is called an affidavit in lieu of administration instead of full probate to transfer... Read more »
I am the administrator of my brother's estate who died in Feb. 2020. It went through the probate process last year and late in March the court held a hearing on the required financial report which was approved. This allows me to now distribute the estate to the heirs. A few days after the... Read more »
answered on Apr 15, 2021
In Connecticut, if a claim is not presented to the fiduciary within 150 days from the date of the fiduciary's appointment, the fiduciary is not personally chargeable for any assets (i) paid in satisfaction of any lawful claims, expenses or taxes, or (ii) distributed to any beneficiaries,... Read more »
answered on Apr 6, 2021
The fee is not necessarily determined by how simple or complicated the split is. It is impossible for anyone to give you an accurate estimate without knowing the number, nature and value of the assets. I've handled "simple" estates, that end up being very complicated. Most lawyers... Read more »
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 »
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 »
My dad predeceased my mom(dad 01/24/2015). House was in joint survivorship so passed on to my mom-mom didn't go to Probate-she didn't know she had to. There was 1a 15" strip of land adjacent to house that the city sold them. But in was NOT listed in joint survivorship. My mom passed 11/21/2018.
answered on Mar 26, 2021
I am sorry to hear about your situation. You will probably need to 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.
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?
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.
He had no real assets, work cars in his name but no $$ is owed on them. Do I have to pay his business CC?
answered on Feb 19, 2021
I am sorry for your loss. You will probably need to hire an attorney to fully address your legal questions. I wish you the best of luck in the resolution of your questions.
She refuses to disclose any information about payments she's been collecting with no right and we are just about to start probate in CT as Florida had to be started first. I am the decendents daughter and will be seeking Administrator responsibility as I am in florida now. Will she be facing... Read more »
answered on Feb 19, 2021
I am sorry to hear about your situation and am sorry for your loss. To fully address your legal questions, you will probably need to hire an attorney licensed to practice in Connecticut. I wish you the best of luck in the resolution of your situation.
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 »
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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