He is 34 y.o and marginally employed (at best) We support him 100% financially and that is putting us in a hard place. The income generated by this trust is not enough to support us as my husband 70 y.o.retired , I am 61 and have a low paying job and we have a 17 y.o. daughter who wants to go to... Read more »
To answer your question, we would need to review the trust agreement itself. It really depends on the language used in the document. My guess is that your son should be able to get money from the trust, but without reviewing the document it's impossible to say.
My brother passed away last year and did not have a will. The case is currently in CT probate court. There is a surviving brother and myself, no spouse, parents or children. I am also the administrator for his probate case. Can a 401K and HSA distribution be added to the established estate bank... Read more »
Yes, the proceeds from the 401k and HSA can, and should, be added to the estate checking account. Keep in mind, there will be income taxes due on both distributions. Those assets will then be distributed to your brothers heirs as determined by the CT intestacy statute.
The step-daughter will not inherit money for herself, but rather the money will (or should) go to her mother. As the POA, the step-daughter has a duty to use the money for her mother's benefit, but we all know that doesn't always happen.
I was just appointed administrator to my dads estate. I've had to prematurely remove all assets left at my dad's property do to my brother taking the majority of high priced belongings. None of the assets are in my dads name. But I have been verbally threatened by my half brother which... Read more »
As the administrator, your first job is to secure the assets in the estate. This means all assets, including tangible personal property (the stuff in his house, art work, furniture, jewelry, etc) which are owned solely by your father. You should also demand that your brother return any asset he...Read more »
Start by contacting the State Bar of Connecticut. They might have been notified by now as to who is taking over his cases. But in the meantime you might be better off just hiring another probate attorney to substitute into the case. It would be a pretty simple motion to make and ought to be...Read more »
I went and got a copy of my dads probate papers. They said both my brother and my name on papers. The estate said there was $30,990. My brother paid my dads furneral $13,000. He kept the balance for himself. He was suppose to split with me. Like I said he passed away a month ago. I didn't know... Read more »
Yes, you have a claim against your brother's estate. Probate court where you father died should have copies of the various filings in your father's estate. They should show the amount you were entitled to and then you'd have to prove he kept that money and didn't pay it out to...Read more »
My husband was the executor of the estate, however he was unable to continue, as he became ill. Then, his sister became the executor of estate. Both parents and all siblings were named beneficiaries to the estate. There has been a wrongful death lawsuit going on and is now in the process of... Read more »
First, my heart goes out to you in this difficult time.
Now to answer the question. You and/or your daughter should be entitled to your husband's share of his brother's estate. Your husband was alive at the time of his brother's death, so he (or in this case his estate)...Read more »
My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets... Read more »
He probably does have that authority under the POA but he would be well advised to consult an elder law attorney regarding options for paying for your mother's care. Medicare should be paying for her medical bills, most likely, and there are legal ways to accelerate eligibility for Medicaid to...Read more »
How do I find out what my brother's assests are and what the administrator is doing/has done? He died unexpectedly, had no will and told no one what he might want. He was employed, had at least one life insurance policy (my mom is the beneficiary), a vehicle, and bank accounts.... Read more »
When a person who owns property dies in the state of Connecticut, the Probate Court facilitates and oversees the distribution of the property. If the decedent dies without a Will in place, often a family member or friend is appointed to settle the affairs of the estate. A part of the duties of...Read more »
There are not quite enough facts to answer this question. There are enough facts to let you know that you should reach out to a lawyer. These types of things can be a bit more complicated than a message board can fully explain.
I want to walk away from this problem bcuz i cannot pay the mortgage.can i walk away from this home?the house cant get sold because she died without will .i just want to walk away and not deal with this .what are my options.
A conservator is a person appointed by the Probate Court to oversee or handle the financial or personal affairs of an adult. Connecticut recognizes two types of conservators. A Conservator of the Person supervises or manages the conserved person’s personal affairs and ensures that the...Read more »
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
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.... Read more »
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....Read more »
My husband and I divorced about 4yrs ago and in the divorce decree I was awarded 50% of his pension and 60% of his 401k employee savings. His attorney was to submit the QDRO info, I received a payment payout on the pension plan. But I recently realized that I never received anything on his 401k... Read more »
My first question is: Was his attorney supposed to actually draft the QDRO and file it with the court? The reason I ask is that usually, most of us family attorneys, farm out QDRO's to an attorney who specializes in QDROs. There are a handful of attorneys who handle them. For purposes of this...Read more »
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...Read more »
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...Read more »
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