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Connecticut Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My mother died nearly 24 years ago she is now named in her brother will. I am the only child am I entitled to her share?

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

Linda Ann Subbloie
Linda Ann Subbloie answered on Feb 11, 2020

My guess is that her brother's siblings would inherit before you unless the will states otherwise. Sometimes, wills state that if a sibling is deceased, that person's heirs get their share.

1 Answer | Asked in Probate and Estate Planning for Connecticut on
Q: What happens when an executor doesn't send out other's portions of an estate decided by probate?

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 »

Linda Ann Subbloie
Linda Ann Subbloie answered on Feb 10, 2020

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 »

1 Answer | Asked in Probate for Connecticut on
Q: My mom had a special needs trust she was allowed to use it for herself she bought a car that i drove bc she was handicap

The car was totalled and now thats she is gone the state wants to know where the money is no one has it bc it was spent on odds and ends for her as well as past car taxes the check did come in my name bc i was on there as a co owner just wondering what can happen and if i should get an attorny also... Read more »

Matthew A. Wiley
Matthew A. Wiley answered on Jan 14, 2020

Short answer is yes you should get an attorney. There are a lot of variables that can define what the next steps will be. Generally since the State of Connecticut is asking you questions that means you need to consider carefully answering their questions. It does not sound like you did anything... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: My mom had a special needs trust she was allowed to use it for herself she bought a car that i drove bc she was handicap

The car was totalled and now thats she is gone the state wants to know where the money is no one has it bc it was spent on odds and ends for her as well as past car taxes the check did come in my name bc i was on there as a co owner just wondering what can happen and if i should get an attorny also... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 23, 2019

Do your best to account for how the money was spent and you should be fine. When it comes to special needs trusts you need to save receipts for everything. Hopefully the money was all spent on your mother’s needs.

1 Answer | Asked in Probate and Tax Law for Connecticut on
Q: My husband discovered someone with similar name is on his taxes and his property is in probate. What should he do?

Can someone probate someone else's property ? The names are similar except the middle name. My husband is alive and well and is the owner of the property. How can this happen and what are the processes to remedy this huge problem ? Thank you.

Nina Whitehurst
Nina Whitehurst answered on Nov 23, 2019

Start by contacting the attorney handling he probate and point out the error. Start with a phone call and follow up with a letter. Have an attorney review the response to ensure it is sufficient and satisfactory.

2 Answers | Asked in Probate for Connecticut on
Q: Property left to me and 2 siblings. If Will authorizes me to sell the property do I still need court permission in CT.

Also, one sibling is still living in condo. Can he stop sale.

Max Lavit Rosenberg
Max Lavit Rosenberg answered on Oct 30, 2019

This will need to get probated in probate court if it is in Connecticut. I recommend consulting with an experienced probate attorney as soon as possible.

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1 Answer | Asked in Probate for Connecticut on
Q: My dad passed away, I am the only one with permission, keys, and a code to it. Does it have to go through probate in CT?
Matthew A. Wiley
Matthew A. Wiley answered on Sep 29, 2019

Code to what? You should probably schedule a consult to go over the details. If your dad owned real property in his name probate is required. If he had any property in his name probate is probably required.

1 Answer | Asked in Probate for Connecticut on
Q: My wifes cousin died in Sweden, She had a bank account in Connecticut, My wife lives in CT but the 3 other beneficiaries

live in Sweden. All parties want my wife to withdraw money as we live here. What needs to be done?

thanks

Matthew A. Wiley
Matthew A. Wiley answered on Sep 21, 2019

You will need to file ancillary probate in Connecticut. The next steps depend on the size of the bank account.

When international status is involved you should probably contact an attorney. Give my office a call. Happy to help.

1 Answer | Asked in Probate for Connecticut on
Q: my parents died first mother then father two yrs later, will states everything goes to remaining spouse,

do both parents need to go through probate, and is it a separate cost in Connecticut?

Matthew A. Wiley
Matthew A. Wiley answered on Sep 17, 2019

More than likely yes both spouses will need to go through probate. Generally the cost is actually more to do two simultaneous probates than if you had done them when the death happened. The passage of time causes a variety of complications. You should seek out a consultation to go over the exact... Read more »

1 Answer | Asked in Real Estate Law, Family Law and Probate for Connecticut on
Q: My husband bought our house in his name prior to us getting married. Would I have rights to it as wife if he dies?

My husband bought our house in his name prior to us getting married. We have not added my name because we want to use my name to qualify for fha loan. Will keep home so investment property shen we eventually buy new home. As the wife, even without my name on the property, do I have rights to it in... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Aug 29, 2019

That is a common question. If your husband died, the house would pass through his estate. If he has a will that says you get all of his assets, you would get the house after the Probate process is complete. If he does not have a will, the house and all other assets will pass to his heirs at law.... Read more »

2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Hi, my husband passed in June here in Connecticut. I'm trying to understand if I'm responsible for his medical bills.

Thank you

Nicole M. Camporeale
Nicole M. Camporeale answered on Aug 13, 2019

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 owned,... Read more »

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1 Answer | Asked in Probate for Connecticut on
Q: must the executor of an estate, which has been through probate, have an attorney

The Estate has been through probate. What is left is distribution of title due to a contingency which has occurred.

Matthew A. Wiley
Matthew A. Wiley answered on Jun 17, 2019

An attorney is not required in Connecticut to go through the probate process. Though it is generally a huge help. Probate in CT is a complicated process in which you may not even realize a mistake was made for many years after the estate was "closed". To avoid these types of issues I personally... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My father is dying in South Carolina my sister is power of attorney, doe's she legally have to notify me about will?
Steven Basche
Steven Basche answered on Apr 18, 2019

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 beneficiary... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: My mother passed with a will instructing executor to sell condo as soon as practicable and divide proceeds evenly.

It’s been over 2 years. Executor is stepfather who still lives in condo. Condo was in my mother’s name only no mortgage. He and I are beneficiaries. He waited 9 months to put on market and has not dropped the price accordingly. I am losing my own home due to this delay of asset distribution.... Read more »

Matthew A. Wiley
Matthew A. Wiley answered on Apr 6, 2019

It would make sense to hire an attorney or at the very least write a letter to the Probate Court. You are in a tough situation that is not black and white. Generally the court is ok with someone staying in the home for about 6 months. After that it becomes rather inappropriate. As to the split of... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: I delivered a car but the person died before he paid for it. Can I send the bill to his kids?
Matthew A. Wiley
Matthew A. Wiley answered on Dec 8, 2018

You can do whatever you want to do. However, technically you need to file a claim against his estate. If you do not file the claim following a very specific set of rules your request for money can legally be denied. Generally the claim must be sent to his executor (which is published in the... Read 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... Read 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...
Read 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...
Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Connecticut on
Q: I believe close relatives are taking advantage of my fathers diminished mental capacity as it relates

to his ownership of properties and distribution at death. He does not have a will and his name is not on the deeds anymore (unsure why removed) but the plan was they quit claim it back to him at 50%. He recently changed his mind. Is there anything his child can do legally to get this back as I... Read more »

Steven Basche
Steven Basche answered on Apr 3, 2018

You can petition the probate court to have a conservator appointed for your father. This will give you the power to take control and manage assets in his name.

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