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Connecticut Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My father passed away and didn't have a will.. How can I become executor of his estate so i can close out his account's?
Amanda Gilbert-Largent
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Amanda Gilbert-Largent
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... View More

1 Answer | Asked in Probate for Connecticut on
Q: Hello, I have joint account with my husband and in deed it With survivorship rights, should I go to probate

I also have a car under my husband name

Steven Basche
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Steven Basche
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... View More

1 Answer | Asked in Probate for Connecticut on
Q: Is an estate still obligated to pay bills that were received after the hearing to settle it?

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... View More

Steven Basche
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Steven Basche
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,... View More

1 Answer | Asked in Probate for Connecticut on
Q: I have a very simple probate case. It's me and my sister 50/50 split. What should the lawyer fee be?
Steven Basche
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Steven Basche
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... View More

2 Answers | Asked in Contracts, Estate Planning, Elder Law and Probate for Connecticut on
Q: Can children (and their spouses) serve as witnesses for their parent when signing a Power of Attorney in CT?

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... View More

Steven Basche
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Steven Basche
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... View More

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1 Answer | Asked in Probate for Connecticut on
Q: What goes on Form PC-205b in CT?

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.

Joseph Maya
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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.

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: If I have legal custody of a child, does she inherits my property in P.R?

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?

Joseph Maya
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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.

1 Answer | Asked in Probate for Connecticut on
Q: Husband passed away & has a business. Credit cards are in his name only & the house is only in mine. Do I have to pay

He had no real assets, work cars in his name but no $$ is owed on them. Do I have to pay his business CC?

Joseph Maya
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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.

1 Answer | Asked in Landlord - Tenant and Probate for Connecticut on
Q: No will. Step daughter started collecting rent for months before probate has started from step fathers rental property.

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... View More

Joseph Maya
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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.

2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Can a 401k and HSA distribution be added to a general estate bank account if there are no beneficiaries assigned?

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... View More

Steven Basche
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Steven Basche
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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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: If a stepdaughter gets poa of her mother to get my dads estate while we are in probate court will she inherit some estat
Steven Basche
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Steven Basche
answered on Jan 7, 2021

The step-daughter will not inherit money for herself, but rather the money will (or should) go to her mother. As the POA, the step-daughter has a duty to use the money for her mother's benefit, but we all know that doesn't always happen.

1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Is there a minimum deposit amt when purchasing a probate home in CT? I believe in some states it is 10%, does this apply

When purchasing a probate home in CT, is there a minimum deposit amount required? I believe some states require a 10% deposit, is this true for CT as well?

Matthew A. Wiley
Matthew A. Wiley
answered on Sep 28, 2020

No. There is no law regarding the size of a deposit. There are quite a few factors that go into buying a home and identifying the deposit amount. Speak with your realtor or speak with a real estate attorney. Many attorneys (my firm included) like to speak to real estate clients early in the process... View More

1 Answer | Asked in Probate for Connecticut on
Q: My husband passed without leaving a will or power of attorney. I want to close accounts that were in his name only?

He has loans etc in his name only, the company won't let me have access to his account without power of attorney letter, he didn't leave one what forms do I need to file to help gain access?

Matthew A. Wiley
Matthew A. Wiley
answered on Sep 28, 2020

First sorry for your loss. I know this must be a very frustrating time for you.

Once someone passes away a power of attorney would not be valid, even if you had one. What you may need to do is file with the local Probate Court. They will give you a Fiduciary Certificate. You can provide...
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1 Answer | Asked in Probate for Connecticut on
Q: So CT probate charges a fee even though there are no assets to go through probate?

All assets were joint or designated via trust. Probate charged base fee plus .5% of taxable estate.

Steven Basche
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Steven Basche
answered on Jul 21, 2020

Yes, even though the court doesn't do much, when the tax return is filed to clear any possible lien on the property, the court will assess the probate fee.

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My dad died in Oct. 2017. My brother filed probate papers in March 2018. My brother died in 2020.

I went and got a copy of my dads probate papers. They said both my brother and my name on papers. The estate said there was $30,990. My brother paid my dads furneral $13,000. He kept the balance for himself. He was suppose to split with me. Like I said he passed away a month ago. I didn't know... View More

Steven Basche
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Steven Basche
answered on Jul 21, 2020

Yes, you have a claim against your brother's estate. Probate court where you father died should have copies of the various filings in your father's estate. They should show the amount you were entitled to and then you'd have to prove he kept that money and didn't pay it out to... View More

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Connecticut on
Q: My husband's brother passed away 5 years ago in CT, without a will.

My husband was the executor of the estate, however he was unable to continue, as he became ill. Then, his sister became the executor of estate. Both parents and all siblings were named beneficiaries to the estate. There has been a wrongful death lawsuit going on and is now in the process of... View More

Steven Basche
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Steven Basche
answered on Jul 21, 2020

First, my heart goes out to you in this difficult time.

Now to answer the question. You and/or your daughter should be entitled to your husband's share of his brother's estate. Your husband was alive at the time of his brother's death, so he (or in this case his estate)...
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3 Answers | Asked in Probate for Connecticut on
Q: how does one apply to get to be a executor of the estate of their spouse so that they can get bank accounts in

decease spouses name

Matthew A. Wiley
Matthew A. Wiley
answered on Jun 1, 2020

You 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. Also some assets may have a beneficiary already listed, or may be jointly held. In those cases you need to file forms with the... View More

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2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Ex wife died intestate .divorced .on title and deed it says survivorship.can i file bankruptcy on my behalf?what happens

To her estate situation since she passed away?

Matthew A. Wiley
Matthew A. Wiley
answered on May 27, 2020

There are not quite enough facts to answer this question. There are enough facts to let you know that you should reach out to a lawyer. These types of things can be a bit more complicated than a message board can fully explain.

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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Thereare 3 witnesses on my will, incl my wife who’d get everything. Since CT only requires 2 witnesses,is my will valid?
Matthew A. Wiley
Matthew A. Wiley
answered on May 13, 2020

Probably yes. There are a few other factors that may matter but having three witnesses means its valid even if one is disqualified. Hope this helps.

2 Answers | Asked in Real Estate Law and Probate for Connecticut on
Q: ex wife died .no will .divorced .my name on the title and deed to home.she has older children that never lived with us .

do i have sole ownership as tenant in common?

Nina Whitehurst
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answered on Apr 27, 2020

If you were awarded the home in the divorce, then you would be the sole owner. If she was awarded the home in the divorce, then her estate is now the sole owner. If the divorce ordered you two to own the home 50/50 after divorce, then yes. The home will need to be probated and the probate court... View More

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