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Connecticut Probate 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 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 Probate and Family Law for Connecticut on
Q: Probate

Ok so if my dad dies and he has no written will but my name is on the house and the bank account with his does it have to go through probate for my siblings

Gerald Shea
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Gerald Shea
answered on Mar 2, 2023

Joint accounts and real estate held jointly in survivorship do not require CT probate.

However, an estate tax return is due 6 months from date of death, but that is a different issue (See Form 706NT (nontaxable estate) and Form 706 (taxable estate).

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2 Answers | Asked in Probate and Family Law for Connecticut on
Q: Probate

Ok so if my dad dies and he has no written will but my name is on the house and the bank account with his does it have to go through probate for my siblings

Linda Ann Subbloie
Linda Ann Subbloie
answered on Mar 2, 2023

The house:

So long as the deed to the house indicates that the house is in joint names with rights of survivorship then the house would go to you upon his death. No probate is needed. If the house is in joint names, but is not in survivorship, then his share goes to his heirs which would...
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1 Answer | Asked in Probate for Connecticut on
Q: Can my siblings and I force a sale of the house we own half of? My step mom passed away. Her son lives there now.

Her will is in probate. We have no interest in keeping our half, we just want our monetary share. Once probate is settled, can we force a sale from whomever the probate court designates as the other half owner? And how do we do that? Should we notify the probate court before the probate case is... View More

Nina Whitehurst
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answered on Feb 13, 2023

If the house is not sold during the probate administration (which sometimes happens in order to pay debts and expenses), then hire an attorney to help you file a partition action against the other co-owners. Most likely the property cannot be divided (partitioned) and the court will order that it... View More

3 Answers | Asked in Probate for Connecticut on
Q: Hello I live in Ct & so did my dad when he was passed away,with no will. How do me my mom & sister claim ownership?

To his home he bought in Puerto Rico.

Gerald Shea
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Gerald Shea
answered on Jan 8, 2023

Your mother, if she was married to your father, would typically file a petition to be appointed as "Administrator" of your father's estate. This is done at the probate court for the town where your father resided at the time of death. A death certificate is required, as well as the... View More

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3 Answers | Asked in Probate for Connecticut on
Q: Hello I live in Ct & so did my dad when he was passed away,with no will. How do me my mom & sister claim ownership?

To his home he bought in Puerto Rico.

Gerald Shea
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Gerald Shea
answered on Jan 8, 2023

For Puerto Rico property you would have to pursue probate in Puerto Rico using a Puerto Rico attorney.

Typically this is called ancillary probate, which would follow any probate started in CT for CT assets.

Even if there is no CT probate, you would have to speak with a Puerto Rico...
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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

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 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 Probate for Connecticut on
Q: My sister passed in 12/2021 with a will. Can I be told by the court why it's still in probate?

She had ALS and when it came time to sign the will, she could only make an "X. Her lawyer and my sister, who is the executrix were present. I'm not sure if this is significant but her house was sold three months after her death.

Is this a long time for a will to be in probate?... View More

Anthony M. Avery
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answered on Mar 10, 2023

Either hire a CT attorney or go to the Court handling probate and read the file carefully.

1 Answer | Asked in Probate for Connecticut on
Q: If there is a beneficiary on the deceased persons bank account can that beneficiary automatically use money after death

My sister is on my mother's bank account as the beneficiary can she automatically use the money in the account to pay bills after my mother's death without going through probate

Nina Whitehurst
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answered on Jun 16, 2022

Yes and no. The bank will need to be provided with a death certificate first before they update the name on the account.

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 Probate for Connecticut on
Q: Does a life insurance policy have to be listed in probate?

I have been paying on a life insurance policy for my great uncle for over 20 years and am listed as the beneficiary, does this policy have to be listed in the probate proceedings?

Steven Basche
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Steven Basche
answered on Jan 23, 2022

Not strictly speaking. Life insurance passes outside of probate. That said, the proceeds will probably need to be listed on the estate tax return. The proceeds may be included in your great uncle's estate, but unless the total is over 9.1 million (for 2022), no estate tax will be owed.

1 Answer | Asked in Probate for Connecticut on
Q: My father passed away a few weeks ago and did not have a will, He only has about $49,000 in his bank account and owned

Some trucks and don’t know where the titles are.He didn’t really tell use much.What would be the next step?

Steven Basche
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Steven Basche
answered on Oct 11, 2021

You will need to petition the probate court for what is called intestate administration. That is what the process is called when someone dies without a will. Since his solely owned assets are more than $40,000, you won't be able to file a short form probate (called an affidavit in lieu of... View More

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 Probate for Connecticut on
Q: Hello, I have joint account with my husband and in deed it With survivorship rights, should I go to probate

I also have a car under my husband name

Steven Basche
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Steven Basche
answered on Oct 4, 2021

You may not need a full probate process, but you will have to submit an estate tax return to show the estate is not taxable. Only estates over $7.1 million are taxable in Connecticut. You may be able to file what is called an affidavit in lieu of administration instead of full probate to transfer... View More

1 Answer | Asked in Probate for Connecticut on
Q: Is an estate still obligated to pay bills that were received after the hearing to settle it?

I am the administrator of my brother's estate who died in Feb. 2020. It went through the probate process last year and late in March the court held a hearing on the required financial report which was approved. This allows me to now distribute the estate to the heirs. A few days after the... View More

Steven Basche
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Steven Basche
answered on Apr 15, 2021

In Connecticut, if a claim is not presented to the fiduciary within 150 days from the date of the fiduciary's appointment, the fiduciary is not personally chargeable for any assets (i) paid in satisfaction of any lawful claims, expenses or taxes, or (ii) distributed to any beneficiaries,... View More

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