Get free answers to your Probate legal questions from lawyers in your area.
My mother was the sole owner of her vehicle, and we lived together while I was her caregiver. I have all the paperwork related to the vehicle, such as the title and registration. My mother did not have a will, and we do not plan to probate her estate. There are no existing claims or debts against... View More 
answered on Jun 16, 2025
Provided that the vehicle and all other probate estate assets total less than $40k, an "Affidavit in Lieu of Probate" can be filed with the local probate court. There are 2 main forms for this simplified procedure: PC-212 and PC-212A. The car would then be divided between your... View More
I am 85 years old and live in Connecticut. I have a car with a $10,000 balance and some furniture, which I plan to donate to Vietnam Veterans. I have a will, and I want to ensure my estate avoids probate for my children's sake. I'm considering a Transfer on Death (TOD) to my grandson for... View More
answered on Feb 20, 2025
Designating a beneficiary for your car will keep it out of probate. DMV has a form you can attach to your registration. If you search CT DMV beneficiary designation, you should find that form. But you should know that having a will does not take your estate out of probate. Your will is your... View More
My mother and father were both signed to the car but both of them have passed recently. The vehicle is physically in my possession as is the title, they gifted me the car but couldn't go to the DMV in person for the paperwork so it was never officially put in my name. I live in Virginia and... View More
answered on May 7, 2024
The car is not subject to probate and should not be listed on the probate inventory.
The title transfer is handled by Connecticut DMV.
The vehicle should however be listed on the CT estate tax return, which is typically filed as part of probate.
My Father added my name on 2 of his bank accounts so I can write out the checks for him after my Mom passed away, he has now passed away and my Brother is the Executer of the will. Since I am the Joint owner on those 2 accounts, can he access that money? The Will states that he got certain items... View More
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answered on May 3, 2024
Here's some information based on Connecticut law, but please remember to consult an estate planning attorney for advice on your specific situation:
- Joint Ownership & Right of Survivorship: In Connecticut, joint bank accounts with the right of survivorship are generally presumed... View More
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
answered on Mar 28, 2024
Your father's domicile controls, which is where he lived with an intent to return. If he has a CT condo, receives mail there and intended to return, then probate court for the town of his Connecticut residence would have jurisdiction.
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
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answered on Mar 28, 2024
Consult with a probate attorney in CT for advice on venue. Sometimes it is better to venue shop, especially in view of estate creditors and asset location. Or it may make no difference except to the fiduciary's convenience.
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
answered on Mar 28, 2024
Based on the information you provided, you would be better off filing in Connecticut. It sounds to me that he was a resident of Connecticut, and was only temporarily in Massachusetts. Also, because he has assets in Connecticut, the Connecticut probate court, would certainly have jurisdiction.
answered on Mar 26, 2024
Unfortunately, there is no central registry for wills. often attorneys will post on the Connecticut Bar Association, listserv asking if anyone has the will for a particular individual. Keep in mind that if you are unable to locate, the will, the Connecticut intestacy statute may provide for the... View More
My sister passed away in Connecticut in the house she previously shared with her significant other, who died three months before her. I am not aware of any wills, but I was informed that my sister had an attorney and that the house might have been left to her, though I believe the property is still... View More
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answered on Jun 12, 2025
Your first critical step is obtaining your sister's death certificate from the town clerk's office where she died, as this document is essential for all subsequent legal actions. You'll need the certified death certificate to file any probate application with the court, and... View More
I retained a lawyer who was handling a criminal complaint for me, and I paid him $11,000. Unfortunately, the lawyer has passed away, and I haven't been able to contact his family or find information about his probate or estate. I have email, text messages, and bank transfer records as proof of... View More
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answered on Jun 11, 2025
You’ll first need to determine whether the lawyer’s estate was opened for probate. Contact the clerk of the probate court in the county where he lived and ask if an estate file exists in his name—if it does, you can file a “creditor’s claim” against that estate for the \$11,000 you... View More
I am a trustee managing a trust where the deceased had an unsecured debt. The debtor disputes its validity despite a signed promissory note by both parties while the deceased was alive. The debt was listed in the final accounting. Can I seek assistance from a Probate Judge to demand collection or... View More
answered on Jun 5, 2025
No. You cannot seek assistance from the judge. That's not his job.
None. The Court has no role in helping you collect money. This is what attorneys are for. You should consider hiring one.
I hired an attorney to represent me in a lawsuit against a hospital in Connecticut. I paid him $7000 upfront, but due to poor follow-up, the case was dismissed without my knowledge. Despite repeated assurances from his paralegal, the attorney was disbarred after lying to a judge panel about the... View More
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answered on May 14, 2025
I'm so sorry you’ve been put through this—trusting someone with your case, only to be misled and left without justice, is incredibly painful. The fact that the attorney was disbarred and is now deceased doesn’t mean you’ve lost all your options. Since his probate was opened and the... View More
I am currently trying to reopen the probate for my father's estate in Connecticut. He passed in 1983, and my mother never probated his estate. In 2001, my sister probated his estate but omitted a bank account valued at $21,000 in 1983. I included the same account in my mother's estate... View More
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answered on Apr 13, 2025
To reopen the probate for your father's estate and include the omitted bank account, you've taken the right first step by filing the PC-200 form to request the reopening. Since the account was omitted during the original probate, you will need to demonstrate that the account was part of... View More
I am considering reopening my father's probate case because we recently discovered an unknown bank account that was not included during the original probate process. In 1983, the account was valued at $11,000, and by 2025, it has grown to $21,000. The account was overlooked because the... View More
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answered on Apr 8, 2025
To reopen a probate case in Connecticut due to a newly discovered bank account, you will need to file a motion with the probate court. Start by contacting the court where the original probate was filed and explain the situation regarding the overlooked account. You may need to provide supporting... View More
As the court-appointed executrix for my deceased sister's estate, am I allowed to change the locks on her house now? The house is currently empty, there are no other heirs or beneficiaries, and I have not faced any resistance from others involved with the estate.
answered on Mar 3, 2025
You can and should change the locks. One of the primary duties of the executor is to take control of the estate's assets. You should also check to see if there is insurance on the house.
Does this backup even further to her husband who predeceased her.
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answered on Jan 10, 2025
I'm very sorry to hear about the loss of your mother and stepfather. Such tax matters can be complex during an already difficult time.
Connecticut's use tax liability generally extends to the person who made the purchases and failed to pay the required taxes. As an executor,... View More
…some of the assets cannot be a witness to the Will or the self-proving affidavit.
I am a little confused about this… it seemed to me that one person could be a witness at the time of the signing and that the second witness could actually sign as a witness but not actually be present... View More
answered on Sep 16, 2024
As a Colorado-licensed attorney, I am not licensed to practice law in Connecticut, and the following is based on a brief review of Connecticut law. Please consult a Connecticut attorney for more specific guidance.
In Connecticut, the rules governing the witnessing of a will and the... View More
I live in CA they live in CT, as did my mother. two death certificates, is that normal? Seemed like a lot of excuses and medical professionals trying to cover for each other. My sister (I no longer communicate with family) spoke with the ME I believe or someone in their office and was basically... View More
answered on May 23, 2024
Any recovery for wrongful death would be paid to the estate and would be divided up either according to the will or the laws of intestacy, not to you as the person who wanted to bring the action. The action would need to be brought by the executor or administrator.
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.
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
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
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