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Connecticut Questions & Answers
1 Answer | Asked in Bankruptcy for Connecticut on
Q: Which type of bankruptcy would you recommend if I want to keep my home? Thank you!

I am now being sued by 2 companies. I would like to file for bankruptcy but not include my home.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 13, 2021

When you file for bankruptcy relief, no matter which chapter, you must list ALL of your assets, under penalty of perjury. In other words, you must "include" your home, and all other assets, by identifying it on the sworn Schedules you must file.

Ch. 13 was designed, and is most...
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2 Answers | Asked in Elder Law, Estate Planning and Public Benefits for Connecticut on
Q: Can items like a laptop and cell phone count as Medicaid spend down for a parent being admitted to a nursing home in CT?

My father was unexpectedly admitted to a skilled nursing facility after falling ill last year. He will need to remain their for the long term and we are now going through the Medicaid application as Medicare has stopped coverage for this service. We will have to spend down some of his money to... View More

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
answered on Apr 6, 2021

It depends on the state. Every state has different eligibility requirements. Usually the items that you mentioned would not be considered assets for Medicaid eligibility. The administrators of the skilled nursing home are the best people to talk to since they know all the ins and outs of Medicaid... View More

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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

1 Answer | Asked in Criminal Law for Connecticut on
Q: If someone involves themselves in a situation where someone is hurting someone else, to protect them..are they liable

Someone is planning to kill someone else. If I involve myself with the killer to protect the individual am I liable?

Lindy R. Urso
Lindy R. Urso
answered on Mar 31, 2021

You are playing a dangerous game.

Any “involvement” could be perceived as assistance, in which case you could expose yourself to accessorial or conspiratorial liability - even if the murder never takes place. If you are concerned about the intended target, the safest thing is to go...
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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 Family Law for Connecticut on
Q: Hi, school psychologist in Bristol CT reported my children to DCF for neglect of medical care.

The information provided to DCF by the psychologist is false in that there has been no neglect. My wife has email correspondence from the school and DR’s offices of continued care for my daughters issue over the past several months, There is also false information in the report by the school... View More

Joseph Maya
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answered on Mar 26, 2021

I am sorry to hear about your situation. To fully address your issue with DCF and your child's school, 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.

1 Answer | Asked in Employment Law for Connecticut on
Q: Can my employer legally ask another company to stop hiring our people?

Several former employees have gone to the same couple of competitor/client companies. My company threatened to sue one person if they poached any of our people and sent a request to another company that they stop hiring our employees. This limits my career options and would seem to discourage the... View More

Joseph Maya
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answered on Mar 26, 2021

I am sorry to hear about your employment 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 Criminal Law, Divorce, Banking and Identity Theft for Connecticut on
Q: Is it illegal for someone in a divorce to take money from spouses personal checking account?

Wife pays all household bills. His entire check went into a savings account for the family. He spent all of it on cocaine (35k+). He is using her checking account information to pay his personal credit card and cell phone bills etc. She has emailed and texted him explicitly saying that he... View More

Joseph Maya
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answered on Mar 26, 2021

I am sorry to hear about this situation. To fully address the legal questions regarding the wife's bank account, you will probably need to hire a lawyer licensed to practice in Connecticut. I wish you the best of luck in the resolution of the situation.

1 Answer | Asked in Wrongful Death for Connecticut on
Q: is a medical examiner supposed to contact next of kin when a person dies to ask if they want an autospy?

-My mother passed away on tuesday, and upon talking to her doctor he expressed she was in good health aside from hypertension and gallbladder issues. I was not contacted asking if i wanted a autopsy and he himself was not. she received the covid vaccine two days prior to her passing so i feel as... View More

Steven Basche
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Steven Basche
answered on Mar 26, 2021

First off, I am sorry for your loss. The loss of a parent leaves a huge whole in one's heart. The State of Connecticut requires that the Medical Examiner examine deaths due to accident, homicide, suicide, and unknown causes, specifically "sudden or unexpected deaths not caused by... View More

2 Answers | Asked in Estate Planning for Connecticut on
Q: Can an executor deposit a check made out to a beneficiary into an estate account ?

My husband is executor of my mothers will, however a check made out to me (as I was the beneficiary of an account) arrived. He wants to deposit it into an estate account along with checks from another account that is part of the estate so that he can distribute evenly between me and my sisters,... View More

Steven Basche
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Steven Basche
answered on Mar 23, 2021

I wouldn't say you are wrong. If you are the beneficiary on the account, that money is yours. That being said, if your mother's wishes were for "everything" to be divided equally, you have moral, and possibly a legal, duty to include the money from that account as party of the... View More

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1 Answer | Asked in Criminal Law for Connecticut on
Q: Can someone who was arrested for assault see the police report that got them arrested.

Friend was arrested for Assault 3rd degree in CT. She is in the middle of a divorce after finding out her husband blew their entire savings on cocaine (35k+). Her husband told the police that she broke her toe, which didn't happen. That's all she knows. She tried to get a police... View More

Lindy R. Urso
Lindy R. Urso
answered on Mar 18, 2021

If she represents herself, she should file an "Appearance" form with the clerk and the State's Attorney's Office indicating as much. If she has a lawyer, the lawyer will do the same. Once an Appearance is filed, she or her lawyer can file a written request for Police Reports... View More

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 Education Law for Connecticut on
Q: In CT, are parents withdrawing a student from public school legally required to sign a “notice of intent”?
Joseph Maya
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answered on Mar 16, 2021

You provide an interesting legal question. To fully address it, 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 question.

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Connecticut on
Q: What can I expect to happen?

In CT with a FL license. Was in a car accident (my fault ) I was uninsured and not registered. What can I expect ?

Joseph Maya
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answered on Mar 16, 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 Contracts and Civil Rights for Connecticut on
Q: Can I be sued by a photographer who I worked with who wants my video work handed over to him?

Never signed any agreement/contract. Work was always delivered to clients through photographer. All clients have their work.

Joseph Maya
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answered on Mar 16, 2021

You provide an interesting legal question and situation. To fully address the legal issue, 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.

1 Answer | Asked in Family Law and Child Support for Connecticut on
Q: dtr is 18 and my ex does not want to pay anymore. No court order in NY, we have verbal arrangement. Can I file now?

I now live in ct with my dtr who is full time college student living at home.

Joseph Maya
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answered on Mar 16, 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 question. I wish you the best of luck in the resolution of your situation.

1 Answer | Asked in Business Formation for Connecticut on
Q: Hi- I am a board member of the non-profit Yale Russian Chorus Alumni Association (YRCAA). We are currently

... Organized in the state of Washington, but are thinking of refiling to officially be in CT. Can you help us?

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2021

I'm sorry your post remains open for a month. It could be difficult for attorneys here to reach out to your request for help because this is more of a question and answer board than an attorney referral service. You may have found an attorney by now. But if you still seek someone, you could... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Connecticut on
Q: We are having a civil matter with the management in our apartment complex. The tenant below us smokes inside, and the

Second hand smoke comes inside our apartment. This has been causing health issues, and we wouldn’t of moved here if we knew it wasn’t non smoking as advertise on there web page and stated in the leased as no smoking. After complaining to management she responded with a letter saying that... View More

Paul C. Jensen Jr.
Paul C. Jensen Jr.
answered on Feb 27, 2021

You may have a claim for constructive eviction. Connecticut law provides that your landlord has the obligation to ensure that conditions do not render your unit "unfit or uninhabitable." Conn. Gen. Stat. Ann. § 47a-7(a). Connecticut courts recognize that "[a]ny disturbance of the... View More

1 Answer | Asked in Foreclosure for Connecticut on
Q: If an attorney states he withdraws allegations from a complaint at trial, does he have to file a new complaint
Paul C. Jensen Jr.
Paul C. Jensen Jr.
answered on Feb 27, 2021

It depends on whether the defendant was not prejudiced in maintaining its defense, surprised by the plaintiff's proof, or misled by the allegations in the complaint.

Generally, a "plaintiff cannot recover for something that was not specifically set out in [its] complaint."...
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