Thank you
answered on Aug 13, 2019
I am sorry to hear of the loss of your husband. Regarding his debts, in particular medical bills, it depends. Generally speaking, debts in the sole name of the deceased individual are only the responsibility of the decedent's estate, not surviving family. This means, any probate assets he... View More 
The Estate has been through probate. What is left is distribution of title due to a contingency which has occurred.
answered on Jun 17, 2019
An attorney is not required in Connecticut to go through the probate process. Though it is generally a huge help. Probate in CT is a complicated process in which you may not even realize a mistake was made for many years after the estate was "closed". To avoid these types of issues I... View More
answered on Apr 18, 2019
Most states require notice to all heirs (relatives who would inherit property if the decedent died without a will) if there is an application to admit a will to probate. That doesn't happen until after death. But nowadays, a lot of assets pass outside of probate, by joint account or... View More
It’s been over 2 years. Executor is stepfather who still lives in condo. Condo was in my mother’s name only no mortgage. He and I are beneficiaries. He waited 9 months to put on market and has not dropped the price accordingly. I am losing my own home due to this delay of asset distribution.... View More
answered on Apr 6, 2019
It would make sense to hire an attorney or at the very least write a letter to the Probate Court. You are in a tough situation that is not black and white. Generally the court is ok with someone staying in the home for about 6 months. After that it becomes rather inappropriate. As to the split of... View More
answered on Dec 8, 2018
You can do whatever you want to do. However, technically you need to file a claim against his estate. If you do not file the claim following a very specific set of rules your request for money can legally be denied. Generally the claim must be sent to his executor (which is published in the... View More
Several natural person (relatives of deceased) are income beneficiaries of testamenary trusts, and a charity is the remainder beneficiary after all income beneficiaries are dead. The relatives want to approach the charity (AG office) to sugggest a Mutual Distribution Agreement.
The... View More
answered on Oct 27, 2018
The attorney should be the first one you discuss it with. You may ultimately need an attorney as a beneficiary as well. In order to get that MDA approved everyone and the Probate Judge would need to be in agreement.
CT - Does the AG office, in addition to representing the charity, also act as guardian of the testators's intent, in a Mutual Distribution Agreement between a charity and income beneficiaries?
answered on Oct 27, 2018
No. The Executor or Trustee would represent the grantors intent to the extent it is allowed. The AG would represent potentially the charity and definitely the public's interest. Intent is somewhat irrelevant to the AG in this context.
None of the Biological children are heirs just a step-grandson what recourse do the biological children have? the will must be executed in GA the biological children live in CT
answered on Oct 27, 2018
This issue is quite complex. Your question does not provide enough information to fully answer it. Feel free to give my office a call and schedule a consultation and we can discuss this in more detail. 203.446.4725.
Reading between the lines. It sounds like someone died in GA and chose to... View More
It should be noted that the beneficiary - in this case, the deceased's wife, wants to rent it out. The property is in probate bc it was only in the deceased's name.
answered on Sep 24, 2018
Short answer: Yes, it is possible.
Probate can tie-up a property for a long period of time, and it may be financially impractical for the property to remain unoccupied during that time.
The court will generally appoint an estate executor or personal representative. This... View More
to his ownership of properties and distribution at death. He does not have a will and his name is not on the deeds anymore (unsure why removed) but the plan was they quit claim it back to him at 50%. He recently changed his mind. Is there anything his child can do legally to get this back as I... View More
answered on Apr 3, 2018
You can petition the probate court to have a conservator appointed for your father. This will give you the power to take control and manage assets in his name.
Our grandmother died in 2003, having previously (1988) signed a Quit-Claim Deed giving her house to my brother, reserving life use for herself. She had no assets when she passed other than the 'life use' clause; we neglected to probate her will (out of ignorance) and now cannot locate the... View More
answered on Apr 3, 2018
Unfortunately the only way to get rid of the life use is to probate your grandmother's estate. An estate tax return reflecting the full value of the property needs to be filed with the probate court and a certificate releasing the estate tax be issued and recorded. This terminates the life use... View More
my father passed away in 1976 without a will. My mother stayed with the home and raised us in.. she recently sold the home . my question is are me and my siblings entitled to any monies from her selling the house.
answered on Jan 12, 2018
The answer depends on how she owned the home. Most likely, she and your father owned the home as Joint Tenants with Right of Survivorship. This would mean that both of them owned the entire interest in the property equally and entirely, so when your father died, she would have remained as the... View More
Should I enter the amount he received for the month of his death or do I need to figure out the total amount he has received since his retirement in 1999? There is a survivor monthly benefit which I receive for as long as I live. There was never a lump sum payment received with this pension.
answered on Dec 29, 2017
This is actually a pretty complicated question. Both options you have suggested are the wrong answer. You should meet with an attorney to discuss the options and the pros and cons of classification. From my perspective their are three options:
1. It is not listed as the type of account... View More
answered on Dec 4, 2017
I don't believe you need to prove your domicile for change of name. Besides completing the required forms, you must provide your birth certificate and two forms of identification, one of which will likely be your driver's license which shows the town you live in. Domicile is mostly just... View More
He has adult children.
answered on Dec 4, 2017
You have no legal right to this money just by virtue of being together for 30 years. If you have any written agreement for money he owes you, that would be your only recourse.
I recommend that he leave you anything he wishes to in his Will.
answered on Dec 4, 2017
The attorney does not set the probate fee. The probate fee is set by that laws of the state of Connecticut. They are assessed based on the value of the estate that was reported to the court. If you are referring to the attorney's legal fee, if this fee was agreed upon by you (or whomever is... View More
co-executors, They have about $10000 in the bank, a reverse mortgage (we don't want the house) and an ira worth about $30000 which we are both named as beneficiaries. We both don't want to be executors or do any probate filings or notifying anyone of anything. Are we legally required to?
answered on Dec 4, 2017
Yes you are. There will be no way to get those assets (house and bank account) out of their name (besides the IRA) without going through the Probate Court. It is required that you file the proper forms and pay any fees due. If you fraudulently transfer any of these assets (besides the IRA) to... View More
Attorney says he waiting for sister to turn in checkbook, how can I get my share?
answered on Dec 4, 2017
If it has been 2 years and nothing has been processed properly through the Court, I would recommend writing the Court and asking for a status conference. If granted, the Judge will ask the Executor (your sister) to file an update on why the estate hasn't been finalized. They may even hold a... View More
I have not received any of the money, and although the account was only under my dads name my sister cashed it and is claiming the money is my moms to take care of her. Am I entitled to any of it?
answered on Oct 5, 2017
It really depends on the details of the case. You should speak with a lawyer and bring bank statements. It is possible you are entitled to it and it is also possible you are not. This is one of those situations where the registration and beneficiary of the account mean everything. You do have a... View More
He was widower with no children, no surviving siblings - but his will clearly denoted which nieces/nephews benefit (he left nothing to two of us - as was his right). But it is raising old family trauma to be sent probate notices and the will details. I've been suicidal as result (I have PTSD).... View More
answered on Oct 5, 2017
In Connecticut certain family members are required notice parties. That means by law they are required to let you know about the documents filed in probate court. If you write a letter to the probate court and your families attorney explaining that you do not want to receive any further notices... View More
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