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Connecticut Questions & Answers
2 Answers | Asked in Personal Injury for Connecticut on
Q: What qualifies as pain and suffering in a personal injury case?
Tim Akpinar
Tim Akpinar
answered on Nov 15, 2018

It’s essentially what the words mean… the pain and anguish from the injury. It is distinguished from damages that are more easily quantifiable, such as lost wages and medical expenses.

Tim Akpinar

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1 Answer | Asked in Estate Planning for Connecticut on
Q: If I die before my spouse and the mortgage and deed are in my name only, will she still inherit our house?

How will the mortgage debt be handled?

Matthew A. Wiley
Matthew A. Wiley
answered on Oct 27, 2018

It depends. First if you have a will then that will govern who inherits your house at death. If you do not have a will then the CT rules of intestacy govern who inherits your house. The rules depend on whether you have children and a variety of other factors. Surprisingly, usually the spouse... View More

1 Answer | Asked in Probate and Estate Planning for Connecticut on
Q: What is the protocol for initiating a Mutual Distribution Agreement offer in CT. ? How should one party approach others?

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

Matthew A. Wiley
Matthew A. Wiley
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.

1 Answer | Asked in Probate and Estate Planning for Connecticut on
Q: A Mutual Distribution Agreement, Involving a Charity, represented by the AG office.

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?

Matthew A. Wiley
Matthew A. Wiley
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.

1 Answer | Asked in Probate and Estate Planning for Connecticut on
Q: There are three biological children who are not named in the will but are needed to assign a PR in the State of Georgia,

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

Matthew A. Wiley
Matthew A. Wiley
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...
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1 Answer | Asked in Divorce for Connecticut on
Q: I have been divorced for 10 yrs and in the divorce agreement my ex husband is to pay me $16,900 upon my daughters high

my daughter graduated in June,2018 and now I need to receive this court ordered amount but my ex is refusing. What are my options?

Ashling Soares
Ashling Soares
answered on Oct 9, 2018

You may file a post-judgment motion for contempt. You should consider hiring an experienced family law attorney to file the motion on your behalf and represent you in court.

1 Answer | Asked in Bankruptcy for Connecticut on
Q: How do you determine your interest in an llc when you’re a silent partner
Timothy Denison
Timothy Denison
answered on Oct 7, 2018

You have to determine what % of ownership the silent partner investment represents and claim that % as an asset.

2 Answers | Asked in Bankruptcy for Connecticut on
Q: I am a silent partner in an llc. I only own 1.85 percent of the business. Can I file chapter 7
Alan S. Dambrov
Alan S. Dambrov
answered on Oct 4, 2018

Whenever you prepare and file a bankruptcy petition and related documents you must list all assets and debts. Your share of the LLC is an asset. Depending on the value of your share, you may be able to exempt it from being liquidated and distributed to your creditors. This one of the issues that... View More

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1 Answer | Asked in Consumer Law and Collections for Connecticut on
Q: Credit Card default fudgement in 2011. Wages garnished 18 months ago. Stat of lim is 3 yrs. Want relief

Does 3 yr statue of limitation of cc collection apply? Can I stop garnishment and recover money if Improperly garnished ? I am a paying customer.

Christopher H. McCormick
Christopher H. McCormick
answered on Sep 26, 2018

Since they the creditor has a judgment against your reference to a statute of limitations defense is not applicable. Other than paying off debt in full only other way to stop garnishment is to file bankruptcy preferably Chapter 7. If you want to explore your bankruptcy options I recommend you... View More

1 Answer | Asked in Probate, Real Estate Law, Estate Planning and Landlord - Tenant for Connecticut on
Q: Is it possible to enter a rental agreement (lease) for a property that is in probate?

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.

T. J. Jesky
T. J. Jesky
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...
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1 Answer | Asked in Estate Planning for Connecticut on
Q: Must a Mutual Distribution agreement only be the result of a will contest?

Or

Can all the beneficiaries get together and agree on a distribution that is different from the will?

Without a will contest?

Steven Basche
PREMIUM
Steven Basche
answered on Sep 19, 2018

Yes, the beneficiaries can agree on a distribution different from the will without a will contest.

1 Answer | Asked in Immigration Law for Connecticut on
Q: Is it mandatory for him to have with him the GC (rather than Travel Document) while re-entering the US?

My father was issued Travel Document for one year while his GC on current filing was still in process. On the basis of the Travel Document (Valid till May, 2019), he left for India (in May 2018) and continues to be there to date. In the meanwhile, the GC was issued and dispatched to the US address... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 17, 2018

To be clear, the idea isn’t that your father can be out of the US until May 2019 but rather that he can use if for reentry up until that time. In any case, he should be able to use it to come back, and he should be able to use the green card, too. The biggest issue with the green card is how... View More

1 Answer | Asked in Medical Malpractice for Connecticut on
Q: A new podiatrist just told me that a surgery performed in 2002 was not the full needed procedure, now I need major surg

Dr that did surgery passed me on to pain mgmt when he could not narrow down current problem. I have mobility issues now

Peter N. Munsing
Peter N. Munsing
answered on Sep 12, 2018

Generally, that is too far away for the discovery rule but I could be wrong--suggest you contact Mike Koskoff and see what his office says--have your dates ready, what happened when. They give free consults. Feel free to use my name.

1 Answer | Asked in Immigration Law, Tax Law and Social Security for Connecticut on
Q: Is there any way to get a temporary SSN ?

Hi, I have a question about the authorization to work.

I am in a process to get the permanent residence, because my husband is an american citizen, but I have been waiting for the SSN around three months and I have not received anything yet. So, is there any way to get a temporary SSN... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 28, 2018

Once you get the work authorization, you can apply for a social security number. It may take four or five months to get the work authorization.

2 Answers | Asked in Estate Planning for Connecticut on
Q: Questions about wills in CT. Can they be hand written and must they be notarized

Can witness be executor to the will

Steven Basche
PREMIUM
Steven Basche
answered on Aug 28, 2018

Connecticut allows handwritten (Holographic) wills under certain circumstances. The will must comply with all of the other requirements, including witnesses. A beneficiary cannot be witness to the will, unless they are also an heir (meaning someone who would get a part of the estate if there were... View More

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1 Answer | Asked in Estate Planning for Connecticut on
Q: My mom passed in January of this year. Prior to her death she added me (her daughter) to her checking/savings account

With survivorship. The account was used to pay bills etc and was not included in the will. In her will she stated her estate to be divided by 8 children. My sibling is accusing me of taking money from bank account and says he won’t give me anything from the estate. Could he do this legally? Could... View More

Steven Basche
PREMIUM
Steven Basche
answered on Aug 22, 2018

The funds in the joint account became yours upon your mother's death and you are entitled to keep them. That being said, if your name was added as a convenience, and your mother did not explicitly say she wanted you to have the money and not include it as part of the estate, your brother... View More

1 Answer | Asked in Wrongful Death for Connecticut on
Q: Father died from suffocation in a nursing home, I'm trying to find a good med mal firm in CT.

Tracheal obstruction was the cause of death as per the autopsy, the nursing home tried to make it look like a heart attack. He had been left alone in his room for 3 hours and 48 minutes on the weekend, when staff was very low.

Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2018

Contact Mike Koskoff. Tell him I suggested you call. If you need other names let me know.

3 Answers | Asked in Bankruptcy for Connecticut on
Q: Can I ever get a credit card again if I file for bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 17, 2018

Yes you can. How.long before you can get one depends on what type of bankruptcy you file

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1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Connecticut on
Q: This is strange but I am renting a room out of a condo and the guy renting it to us put up a camera in the living room.

You can see when it's recording at certain times of the day

Gary Kollin
Gary Kollin
answered on Jul 31, 2018

And the question is?

1 Answer | Asked in Contracts for Connecticut on
Q: If I create IP not specified in my contract, do I own it?

I'm a pastor. I've created some stuff for use in church, and now have people who want to buy it, but my church says they own it. Nothing in my contract specifies who owns the copyright to my work, which I thought meant it belongs to me since IP creators are presumed owners. Who's right?

William P. Lalor
William P. Lalor
answered on Jul 24, 2018

All depends on what your contract says, the nature of your creation, and other circumstances not clear from your question. So the short answer is, "it depends."

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