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Connecticut Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Can executor move an estate's millions of $ into CDs rather than having them sit in super-low-interest money mkt accts?

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

Steven Basche
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Steven Basche
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

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My grandfather died in 2002.He has an open bank account.No will.Is there any way to access it?

He was not on Title 19 at death but was at one time. Would the state just take the money?

Linda Ann Subbloie
Linda Ann Subbloie
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,...
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1 Answer | Asked in Estate Planning for Connecticut on
Q: Did Trustee and Lawyer violate IRS rules for Irrevocable Trust? Please explain violations and proper procedure.

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.

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Question about post-probate assets and a specific section in the will.

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

Steven Basche
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Steven Basche
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

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: Can the probate court have the authority to "claw" back funds improperly distributed prior to probate?

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

Gerald Shea
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Gerald Shea
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

2 Answers | Asked in Estate Planning, Personal Injury and Probate for Connecticut on
Q: What I have to do to get my settlement money?

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

John A. Collins III
John A. Collins III
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

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2 Answers | Asked in Estate Planning, Personal Injury and Probate for Connecticut on
Q: What I have to do to get my settlement money?

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

Bill Beckert
Bill Beckert
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

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Connecticut on
Q: Selling my parents house in Massachusetts after they passed why would there be a 30 day hold on distribution of proceeds
Steven Basche
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Steven Basche
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.

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: How do I make an attorney send me the paperwork I am entitled two. Been asking for 3 years. It's probate. Probate

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning for Connecticut on
Q: If 2 people have their names on an account and one of them dies, can an estate check be deposited into the account?
Nina Whitehurst
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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.

1 Answer | Asked in Estate Planning and Family Law for Connecticut on
Q: I have been living with my boy friend for over 15 years. Not engaged but may be soon what am i entitled to if he dies?
Linda Ann Subbloie
Linda Ann Subbloie
answered on Jul 28, 2022

He would have to:

1. Put you in his will as a beneficiary and specify what you get- as specific bequests or his entire estate;

2. Put you on one or more financial accounts as a joint owner or as a beneficiary;

3. You would have to be on the deed to real estate as joint...
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1 Answer | Asked in Estate Planning for Connecticut on
Q: MY MOM IS DUE TO GET A LARGE INHERITANCE CHECK. IF SHE PASSES AWAY BEFORE SHE RECEIVES IT DOES IT GO TO SISTER OR ME

HER AND HER SISTERS WILL GET THE SAME AMOUNT. I AM HER ONLY CHILD. WE LIVE IN CT

Steven Basche
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Steven Basche
answered on Jul 5, 2022

Probably. Assuming the person from whom your mother will inherit has already died, and it is just a matter of administering the estate of that person, if your mother's will says that her estate goes to you, the money she will inherit will be part of your mother's estate and will pass to... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Connecticut on
Q: Ex husband died in Texas. Divorce was final in CT. Will I receive life insurance payout or will it be revoked?
Peter Christopher Lomtevas
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answered on May 1, 2022

There is too little information here to determine a answer. We would need to know whether the decedent cancelled his insurance policy or otherwise amended it to exclude the asker as a beneficiary. We also do not know what the divorce judgment says as to whether the decedent had to maintain an... View More

1 Answer | Asked in Estate Planning for Connecticut on
Q: Can my attorney write my personal injury settlement check to my trust?

I have a 1st-party, irrevocable Special Needs Trust. Recently, my personal injury attorney settled on a case, but he says the American Bar Association prohibits him from making my part of the settlement -not the money owed to his firm or the medical professionals who treated me-- to the trust. I... View More

Nina Whitehurst
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answered on Mar 7, 2022

It sounds like YOU (not your trust) was the plaintiff/injured party in the case. Therefore, YOU are the one settling with the defendant's insurance company. Therefore, the settlement is payable to YOU, not your trust. After you deposit the check, you can then write another check to your... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Connecticut on
Q: Can Power of Attorney who is also named on the principal's bank account withdraw funds while principal is in hospice?

I am my father's power of attorney, healthcare representative, and conservator of his estate. He has decided to withdraw life support measures and will go into hospice with a life expectancy of about a week. He had to spend down assets to qualify for Medicaid and could not provide much for... View More

Nina Whitehurst
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answered on Feb 3, 2022

In most states, the ability of an agent under a power of attorney to make gifts on behalf of the principal is a "hot power", meaning it is not covered by general language in a POA. It must be specifically stated. Look for specific authority in the POA to make gifts and see if there are... View More

1 Answer | Asked in Estate Planning and Elder Law for Connecticut on
Q: Elderly, disabled mom taken advantage of financially by my brother.

This has been going on for at least 7 years, the biggest issue is him asking for “help” buying a house because he had/has terrible credit, no money and knew he couldn’t get a mortgage. So, the home is in her name only, she withdrew $50-60k from her IRA to cover the down pymt, closing,etc.and... View More

Nina Whitehurst
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answered on Jan 30, 2022

If the house is in your mother's name, like you wrote, she does not need your brother's signature or permission to sell it.

You also report this abuse to the local Adult Protective Services office.

1 Answer | Asked in Estate Planning and Family Law for Connecticut on
Q: Hi- splitting with my partner we are not married but have kids and assets together; need advice ASAP.

Deed on the house is under both our names loan is only under my name we have a car that is under his name but I drive and have made all the payments we also have two kids.

Nina Whitehurst
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answered on Jan 27, 2022

You can use the Find a Lawyer link above to find a lawyer in your area. You can search by practice areas.

1 Answer | Asked in Estate Planning for Connecticut on
Q: In Connecticut, does a living trust need to be witnessed if it contains real property?

I didn't think so but then I came across this Thompson Reuters doc https://www.cl-law.com/uploads/Revocable-Trusts-Connecticut-w-010-5933.pdf (written by CT lawyers) that says that a revocable trust does need to be witnessed in CT if it "conveys real property (Conn. Gen. Stat. Ann. §... View More

Steven Basche
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Steven Basche
answered on Oct 22, 2021

Very often after a revocable trust is created (or at the same time) the grantor who sets up the trust will transfer his or her house to the trust via a deed. It is unusual, very unusual, for the trust itself to convey real property.

So assuming you follow the procedure of setting up the...
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1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My father passed away and didn't have a will.. How can I become executor of his estate so i can close out his account's?
Amanda Gilbert-Largent
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Amanda Gilbert-Largent
answered on Oct 11, 2021

From the brief facts described, you will need to file an application with the probate court in the state of domicile. There are a few different forms that may need to be filed depending on your circumstances and how the assets were titled. Some assets may have a beneficiary already listed, or may... View More

1 Answer | Asked in Estate Planning for Connecticut on
Q: I have filled out a statutory short form power of attorney in Ct. Is this legal and binding?

I will. have this form notarized with two witnesses. Do I still need to go to a lawyer.? Thank you for your time

Steven Basche
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Steven Basche
answered on Apr 29, 2021

You should be all set. Just make sure you understand that the initial powers, usually on the first page, are all included unless you cross them out, but the optional estate planning powers are not included unless you initial next to them to add them in.

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