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Connecticut Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: I'm listed as beneficiary on a car registration, do I go to the DMV and claim it or does it need to go through probate?

My mother and father were both signed to the car but both of them have passed recently. The vehicle is physically in my possession as is the title, they gifted me the car but couldn't go to the DMV in person for the paperwork so it was never officially put in my name. I live in Virginia and... View More

Gerald Shea
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Gerald Shea
answered on May 7, 2024

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.

1 Answer | Asked in Banking, Estate Planning and Probate for Connecticut on
Q: Hi, I have a question about joint bank account after a parent passes away.

My Father added my name on 2 of his bank accounts so I can write out the checks for him after my Mom passed away, he has now passed away and my Brother is the Executer of the will. Since I am the Joint owner on those 2 accounts, can he access that money? The Will states that he got certain items... View More

Nicholas Arthur Matlach
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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...
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3 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Which state to file probate case in?

My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More

Gerald Shea
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Gerald Shea
answered on Mar 28, 2024

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.

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3 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Which state to file probate case in?

My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More

Steven Basche
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Steven Basche
answered on Mar 28, 2024

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.

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3 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Which state to file probate case in?

My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More

Anthony M. Avery
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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.

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1 Answer | Asked in Probate for Connecticut on
Q: We cannot find a copy of my father’s will and are unsure what law firm he used to draft it. Is there a way to find out?
Steven Basche
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Steven Basche
answered on Mar 26, 2024

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

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Can executor move an estate's millions of $ into CDs rather than having them sit in super-low-interest money mkt accts?

This is a Connecticut Probate question. The deceased was not very good at finances, and did not put their money into good financial instruments for the family. So there are a couple million dollars sitting locked in various sub-0.5% interest-bearing money-market funds. Once the Court appoints a... View More

Steven Basche
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Steven Basche
answered on Nov 3, 2023

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

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My grandfather died in 2002.He has an open bank account.No will.Is there any way to access it?

He was not on Title 19 at death but was at one time. Would the state just take the money?

Linda Ann Subbloie
Linda Ann Subbloie
answered on Apr 14, 2023

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,...
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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Question about post-probate assets and a specific section in the will.

Mother passed and left various small things to a few people in the will (TV, Furniture, land, etc). After the list of specific items, there is a paragraph that states "I give, devise, and bequeath all the rest, residue and remainder of my property and estate, both real and personal, of... View More

Steven Basche
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Steven Basche
answered on Mar 22, 2023

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

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Can the probate court have the authority to "claw" back funds improperly distributed prior to probate?

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... View More

Gerald Shea
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Gerald Shea
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... View More

2 Answers | Asked in Probate and Family Law for Connecticut on
Q: Probate

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

Linda Ann Subbloie
Linda Ann Subbloie
answered on Mar 2, 2023

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...
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2 Answers | Asked in Probate and Family Law for Connecticut on
Q: Probate

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

Gerald Shea
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Gerald Shea
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).

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1 Answer | Asked in Probate for Connecticut on
Q: Can my siblings and I force a sale of the house we own half of? My step mom passed away. Her son lives there now.

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... View More

Nina Whitehurst
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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

3 Answers | Asked in Probate for Connecticut on
Q: Hello I live in Ct & so did my dad when he was passed away,with no will. How do me my mom & sister claim ownership?

To his home he bought in Puerto Rico.

Gerald Shea
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Gerald Shea
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... View More

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3 Answers | Asked in Probate for Connecticut on
Q: Hello I live in Ct & so did my dad when he was passed away,with no will. How do me my mom & sister claim ownership?

To his home he bought in Puerto Rico.

Gerald Shea
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Gerald Shea
answered on Jan 8, 2023

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...
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2 Answers | Asked in Estate Planning, Personal Injury and Probate for Connecticut on
Q: What I have to do to get my settlement money?

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... View More

Bill Beckert
Bill Beckert
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... View More

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2 Answers | Asked in Estate Planning, Personal Injury and Probate for Connecticut on
Q: What I have to do to get my settlement money?

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... View More

John A. Collins III
John A. Collins III
answered on Nov 9, 2022

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

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Regarding witnesses to a Will and the self-proving affidavit, I think I understand that a person who might be inheriting

…some of the assets cannot be a witness to the Will or the self-proving affidavit.

I am a little confused about this… it seemed to me that one person could be a witness at the time of the signing and that the second witness could actually sign as a witness but not actually be present... View More

Joel Hassell
Joel Hassell
answered on Sep 16, 2024

As a Colorado-licensed attorney, I am not licensed to practice law in Connecticut, and the following is based on a brief review of Connecticut law. Please consult a Connecticut attorney for more specific guidance.

In Connecticut, the rules governing the witnessing of a will and the...
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1 Answer | Asked in Personal Injury, Medical Malpractice, Probate and Wrongful Death for Connecticut on
Q: I'm one of 4 kids. My mothers estate has already been settled. Only I want to file wrongful death. Would only I benefit?

I live in CA they live in CT, as did my mother. two death certificates, is that normal? Seemed like a lot of excuses and medical professionals trying to cover for each other. My sister (I no longer communicate with family) spoke with the ME I believe or someone in their office and was basically... View More

Steven Basche
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Steven Basche
answered on May 23, 2024

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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Connecticut on
Q: Selling my parents house in Massachusetts after they passed why would there be a 30 day hold on distribution of proceeds
Steven Basche
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Steven Basche
answered on Feb 25, 2024

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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