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I wanted the bank at my local bank where the deceased Account holders accounts were as well and I have a great relationship with them. My attorney has a relationship with a different local bank and basically said no to My bank and made me open one at the bank of his choice. He made it seem like I... View More 
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answered on Jun 25, 2024
You might want to hire another attorney. His suggested choice of banks is not legally binding nor illegal. But if you really want to bank somewhere else, you will need another attorney as the present one wants to do business with who he knows.
My mother and father were both signed to the car but both of them have passed recently. The vehicle is physically in my possession as is the title, they gifted me the car but couldn't go to the DMV in person for the paperwork so it was never officially put in my name. I live in Virginia and... View More
answered on May 7, 2024
The car is not subject to probate and should not be listed on the probate inventory.
The title transfer is handled by Connecticut DMV.
The vehicle should however be listed on the CT estate tax return, which is typically filed as part of probate.
My Father added my name on 2 of his bank accounts so I can write out the checks for him after my Mom passed away, he has now passed away and my Brother is the Executer of the will. Since I am the Joint owner on those 2 accounts, can he access that money? The Will states that he got certain items... View More
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answered on May 3, 2024
Here's some information based on Connecticut law, but please remember to consult an estate planning attorney for advice on your specific situation:
- Joint Ownership & Right of Survivorship: In Connecticut, joint bank accounts with the right of survivorship are generally presumed... View More
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
answered on Mar 28, 2024
Your father's domicile controls, which is where he lived with an intent to return. If he has a CT condo, receives mail there and intended to return, then probate court for the town of his Connecticut residence would have jurisdiction.
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
answered on Mar 28, 2024
Based on the information you provided, you would be better off filing in Connecticut. It sounds to me that he was a resident of Connecticut, and was only temporarily in Massachusetts. Also, because he has assets in Connecticut, the Connecticut probate court, would certainly have jurisdiction.
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
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answered on Mar 28, 2024
Consult with a probate attorney in CT for advice on venue. Sometimes it is better to venue shop, especially in view of estate creditors and asset location. Or it may make no difference except to the fiduciary's convenience.
My husband and I are divorcing. We put our house on the market and it is scheduled to close on 5/1. He was arrested on 3/20 and is in jail because he has a $2million cash bond. Unless he changed the estate plan, I have POA. Can I sign for the closing/deed if he is in jail?
answered on Mar 25, 2024
If you have the original POA, with the actual original signature, and it has not been revoked, you could use it to sign the deed for your closing. You should check with your husband to verify that it has not been revoked, and you should give the original POA to your closing attorney for review.... View More
This is a Connecticut Probate question. The deceased was not very good at finances, and did not put their money into good financial instruments for the family. So there are a couple million dollars sitting locked in various sub-0.5% interest-bearing money-market funds. Once the Court appoints a... View More
answered on Nov 3, 2023
Investing the funds in CD's may be a good idea, but you have to keep in mind that the estate may need some liquidity to pay ongoing or other expenses. Also, you should consider rolling maturity dates, say some 3 month CD's, some 6 month CD's and some 9 month CD's. This way you... View More
He was not on Title 19 at death but was at one time. Would the state just take the money?
answered on Apr 14, 2023
If the account is under $40,000 then you can file with the probate court in the district where he lived a simplified estate intestate. Intestate means the estate passes by statute instead of a will. The statute explains who in the bloodline will inherit.
If the account is over $40,000,... View More
Lawyer for Trustee, took possession of funds from Buyers' of Trust real estate in name as Trustee. Deposited the funds that were property of the Irrevocable Trust, into lawyer's IOLTA account, then disbursed funds from IOLTA account to Trust beneficiaries to settle and close the Trust.
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answered on Apr 10, 2023
Why are you concerned about the IRS? If you are beneficiary, the trust distributions should have already had tax paid on them before you got the property. You are not the fiduciary or trustee. The execution of a trust can occur in many ways, and it sounds like it was simply rendered... View More
Mother passed and left various small things to a few people in the will (TV, Furniture, land, etc). After the list of specific items, there is a paragraph that states "I give, devise, and bequeath all the rest, residue and remainder of my property and estate, both real and personal, of... View More
answered on Mar 22, 2023
Yes. You and your brother are the named beneficiaries of what is called the "residuary estate." After all expenses of probate, and after any claims against the estate are paid, the two of you will split the remainder. Near the end of the the probate process, the executor will need to... View More
My brother who had power of attorney and signs on my Dad's accounts prior to his death "just so happened" to be the sole beneficiary on both "passbook savings" accounts, checking accounts. He already distributed that money prior to first scheduled probate hearing without my... View More
answered on Mar 10, 2023
It is difficult to get a probate court to exercise jurisdiction over accounts passing by way of beneficiary designation. Such assets are technically "non-probate" assets. A separate action can, however, be brought in Superior Court for undue influence or lack of capacity in transferring... View More
I had a malpractice suit against the doctor when I was a minor. Judge reward money for me and because I was a minor my mom had it. My mom has been secretly using my settlement money since I was a minor and still using it. I am an adult, and I am not under guardianship, but mom tells me I can't... View More
answered on Nov 9, 2022
Under CT law, a minor who receives a settlement must have the funds deposited in a restricted account administered by the Probate Court. Your mother cannot withdraw money unless she gets an order approving the withdrawal from the Court. In another words, she would have to apply for permission to... View More
I had a malpractice suit against the doctor when I was a minor. Judge reward money for me and because I was a minor my mom had it. My mom has been secretly using my settlement money since I was a minor and still using it. I am an adult, and I am not under guardianship, but mom tells me I can't... View More
answered on Nov 9, 2022
In addition to Attorney Beckert's comment you may want to check with the probate court which has jurisdiction over the town where you lived to see if such an estate was opened on your behalf and, if so, follow up with that court to determine the status. You can also check the Superior Court... View More
answered on Oct 27, 2024
A Connecticut attorney could advise best, but your question remains open for two weeks. It sounds like you are a student taking law classes. You could check whether there are free sample questions online, either through undergrad courses or sample multistate questions for bar exams. There probably... View More
…some of the assets cannot be a witness to the Will or the self-proving affidavit.
I am a little confused about this… it seemed to me that one person could be a witness at the time of the signing and that the second witness could actually sign as a witness but not actually be present... View More
answered on Sep 16, 2024
As a Colorado-licensed attorney, I am not licensed to practice law in Connecticut, and the following is based on a brief review of Connecticut law. Please consult a Connecticut attorney for more specific guidance.
In Connecticut, the rules governing the witnessing of a will and the... View More
My sister and I inherited our mother's condo in CT which was held in a Living Trust. The Trust sold the property and issued a 1099S for the sale. My sister and I each received half of the proceeds. There were no other assets in the Trust, and there was no income generated since the condo... View More
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answered on Aug 10, 2024
When you inherit property through a living trust, it typically receives a step-up in basis to the fair market value at the time of your mother’s death. This means that any capital gain or loss is based on the difference between the sale price and this stepped-up value. The treatment of losses,... View More
answered on Feb 25, 2024
I don’t practice in Massachusetts, but I think the answer is that there may be a 30 day appeal period that needs to run before the proceeds can be disbursed.
Parents died within 3 months apart. First attorneys are suspended for using inheritance on the stock market. Never sent me any paperwork either. Now the current attorney has not sent me any paperwork either. Big money involved. She also has not sent me any paperwork. No copy of will no itemized... View More
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answered on Sep 22, 2023
Since you are in Alaska, I would recommend contacting the Probate Court and asking for copies of the entire Probate File be sent to you. Or hire a CT attorney to look into to it and advise what should be done, if anything.
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answered on Jun 23, 2023
No, a new account must be opened in the name of the estate. Before opening an account in the name of the estate you will need to obtain a taxpayer id number for the estate.
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