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Connecticut Probate Questions & Answers
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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1 Answer | Asked in Probate for Connecticut on
Q: In CT -We are beneficiaries in a simple will, the house was sold, went thru probate and we have decree granting probate

What is the next step before money will be released

Thank you

Matthew A. Wiley
Matthew A. Wiley
answered on Apr 19, 2020

The final step before releasing funds would usually be when the executor files a Final Account with the Probate Court. The probate process can in many cases take over a year. Let me know if you have any additional questions.

1 Answer | Asked in Probate for Connecticut on
Q: I am a beneficiary in a will it has gone thru probate and I received from the CT of Probate a Decree granting probate

Of will

What is the next step my brother in law is the executor are there any other forms to be signed

Thank you

Matthew A. Wiley
Matthew A. Wiley
answered on Apr 19, 2020

The next step is your brother has to gather all assets and report them to the court. Ultimately probate is a very public process but there are lots of items that can be confusing. If you want to give me a call I would be happy to give you a no charge full consult on whether or not you will need... 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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1 Answer | Asked in Probate for Connecticut on
Q: What are the exact benefits of having an attorney hold the money from a will during the probate process in CT?
Matthew A. Wiley
Matthew A. Wiley
answered on Mar 16, 2020

Less risk of the client stealing or losing the money. Lawyers tend to have better record keeping. That being said if the client was say a trained accountant there would be very little benefit. The probate code generally assumes the Executor or Administrator holds the money. Lawyers are holding it... View More

1 Answer | Asked in Probate for Connecticut on
Q: Who controls the assets, investments, etc of a will in CT, the executor or the attorney? I want funds FDIC insured

Question is targeting the 5+ months that the money is being held (in escrow?) during probate.

Matthew A. Wiley
Matthew A. Wiley
answered on Mar 16, 2020

The Executor should control the money. They are legally responsible for the funds. Sometimes lawyers do hold money in their client fund accounts but the actual obligation is on the Executor. Bonus of the lawyer holding the funds is you have other state protections and potentially the lawyers... View More

1 Answer | Asked in Probate for Connecticut on
Q: My dad passed without a will. He has a car that is paid for. We live in CT. What are my next steps?
Matthew A. Wiley
Matthew A. Wiley
answered on Mar 16, 2020

It would make sense to schedule a meeting with a probate attorney to discuss all the next steps. You could attempt to navigate the probate process yourself without an attorney. If you attempt that route, you should reach out to the local probate court who can provide you necessary forms etc.... View More

1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Who pays on the estate during Probate? Mortgage and insurance? The heirs? I live in the probate estate

I live in my fathers house. He moved to NC. I've been here 5 years+. He was paying the mortgage and insurance until he passed. Now, because I live here is it fully my responsibility to pay these funds during probate? There are 4 heirs.

Nina Whitehurst
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answered on Mar 9, 2020

The answer depends on who is going to inherit the house. It is they who need to pay the carrying costs. If they don’t pay those expenses out of pocket the estate can advance them if the estate has the liquidity to do so, but eventually they get charged to whoever inherits the house.

1 Answer | Asked in Civil Litigation and Probate for Connecticut on
Q: I'm the only child&next to kin.My dad is a deceased veteran who had mental illness. Conservator took advantage of him

Conservator fabricated paperwork and made it seem like I didn't exist and had a invalid will made for her own financial gain. He had $189,000.00 at time of death, all Bill's were paid and the state is in possession of $92,000.00 left. I've wrote letters to the courts but can't... View More

Nicole M. Camporeale
Nicole M. Camporeale
answered on Feb 25, 2020

If you have no money to pay an attorney up front, you might want to see if you can find an attorney that believes the case will be successful and may take your case on a contingency basis. If an attorney does not think any money will be recovered, they may not take the case, or may require up front... View More

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 Probate for Connecticut on
Q: My mom had a special needs trust she was allowed to use it for herself she bought a car that i drove bc she was handicap

The car was totalled and now thats she is gone the state wants to know where the money is no one has it bc it was spent on odds and ends for her as well as past car taxes the check did come in my name bc i was on there as a co owner just wondering what can happen and if i should get an attorny also... View More

Matthew A. Wiley
Matthew A. Wiley
answered on Jan 14, 2020

Short answer is yes you should get an attorney. There are a lot of variables that can define what the next steps will be. Generally since the State of Connecticut is asking you questions that means you need to consider carefully answering their questions. It does not sound like you did anything... View More

1 Answer | Asked in Probate for Connecticut on
Q: My mom had a special needs trust she was allowed to use it for herself she bought a car that i drove bc she was handicap

The car was totalled and now thats she is gone the state wants to know where the money is no one has it bc it was spent on odds and ends for her as well as past car taxes the check did come in my name bc i was on there as a co owner just wondering what can happen and if i should get an attorny also... View More

Nina Whitehurst
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answered on Dec 23, 2019

Do your best to account for how the money was spent and you should be fine. When it comes to special needs trusts you need to save receipts for everything. Hopefully the money was all spent on your mother’s needs.

1 Answer | Asked in Probate and Tax Law for Connecticut on
Q: My husband discovered someone with similar name is on his taxes and his property is in probate. What should he do?

Can someone probate someone else's property ? The names are similar except the middle name. My husband is alive and well and is the owner of the property. How can this happen and what are the processes to remedy this huge problem ? Thank you.

Nina Whitehurst
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answered on Nov 23, 2019

Start by contacting the attorney handling he probate and point out the error. Start with a phone call and follow up with a letter. Have an attorney review the response to ensure it is sufficient and satisfactory.

2 Answers | Asked in Probate for Connecticut on
Q: Property left to me and 2 siblings. If Will authorizes me to sell the property do I still need court permission in CT.

Also, one sibling is still living in condo. Can he stop sale.

Max Lavit Rosenberg
Max Lavit Rosenberg
answered on Oct 30, 2019

This will need to get probated in probate court if it is in Connecticut. I recommend consulting with an experienced probate attorney as soon as possible.

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1 Answer | Asked in Probate for Connecticut on
Q: My dad passed away, I am the only one with permission, keys, and a code to it. Does it have to go through probate in CT?
Matthew A. Wiley
Matthew A. Wiley
answered on Sep 29, 2019

Code to what? You should probably schedule a consult to go over the details. If your dad owned real property in his name probate is required. If he had any property in his name probate is probably required.

1 Answer | Asked in Probate for Connecticut on
Q: My wifes cousin died in Sweden, She had a bank account in Connecticut, My wife lives in CT but the 3 other beneficiaries

live in Sweden. All parties want my wife to withdraw money as we live here. What needs to be done?

thanks

Matthew A. Wiley
Matthew A. Wiley
answered on Sep 21, 2019

You will need to file ancillary probate in Connecticut. The next steps depend on the size of the bank account.

When international status is involved you should probably contact an attorney. Give my office a call. Happy to help.

1 Answer | Asked in Probate for Connecticut on
Q: my parents died first mother then father two yrs later, will states everything goes to remaining spouse,

do both parents need to go through probate, and is it a separate cost in Connecticut?

Matthew A. Wiley
Matthew A. Wiley
answered on Sep 17, 2019

More than likely yes both spouses will need to go through probate. Generally the cost is actually more to do two simultaneous probates than if you had done them when the death happened. The passage of time causes a variety of complications. You should seek out a consultation to go over the exact... View More

1 Answer | Asked in Real Estate Law, Family Law and Probate for Connecticut on
Q: My husband bought our house in his name prior to us getting married. Would I have rights to it as wife if he dies?

My husband bought our house in his name prior to us getting married. We have not added my name because we want to use my name to qualify for fha loan. Will keep home so investment property shen we eventually buy new home. As the wife, even without my name on the property, do I have rights to it in... View More

Nicole M. Camporeale
Nicole M. Camporeale
answered on Aug 29, 2019

That is a common question. If your husband died, the house would pass through his estate. If he has a will that says you get all of his assets, you would get the house after the Probate process is complete. If he does not have a will, the house and all other assets will pass to his heirs at law.... View More

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