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... Read more »
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...Read more »
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.
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...Read more »
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...Read more »
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...Read more »
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... Read more »
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,...Read more »
The fee is not necessarily determined by how simple or complicated the split is. It is impossible for anyone to give you an accurate estimate without knowing the number, nature and value of the assets. I've handled "simple" estates, that end up being very complicated. Most lawyers...Read more »
Due to a sudden illness, my father was admitted to a skilled nursing facility in late 2020. His Medicare eligibility is now lapsing and I need a Power of Attorney agreement to assist with his Medicaid enrollment, funeral planning, managing of finances, etc. Due to Covid restrictions, his facility... Read more »
Because of COVID, there is an executive order which suspends the witness requirement on all instruments which need to be notarized, except for wills. So, you are in luck. There no witnesses required. That said, it can't hurt to have your sister and her husband sign as witnesses. Or...Read more »
My dad predeceased my mom(dad 01/24/2015). House was in joint survivorship so passed on to my mom-mom didn't go to Probate-she didn't know she had to. There was 1a 15" strip of land adjacent to house that the city sold them. But in was NOT listed in joint survivorship. My mom passed 11/21/2018.
I am sorry to hear about your situation. You will probably need to hire an attorney licensed to practice in Connecticut to fully address your legal questions. I wish you the best of luck in the resolution of your situation.
I am sorry to hear about your situation. You will probably need hire an attorney licensed to practice in Connecticut to fully address your legal questions. I wish you the best of luck in the resolution of your situation.
She refuses to disclose any information about payments she's been collecting with no right and we are just about to start probate in CT as Florida had to be started first. I am the decendents daughter and will be seeking Administrator responsibility as I am in florida now. Will she be facing... Read more »
I am sorry to hear about your situation and am sorry for your loss. To fully address your legal questions, you will probably need to hire an attorney licensed to practice in Connecticut. I wish you the best of luck in the resolution of your situation.
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.
No. There is no law regarding the size of a deposit. There are quite a few factors that go into buying a home and identifying the deposit amount. Speak with your realtor or speak with a real estate attorney. Many attorneys (my firm included) like to speak to real estate clients early in the process...Read more »
First sorry for your loss. I know this must be a very frustrating time for you.
Once someone passes away a power of attorney would not be valid, even if you had one. What you may need to do is file with the local Probate Court. They will give you a Fiduciary Certificate. You can provide...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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.