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Connecticut Probate Questions & Answers
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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Connecticut on
Q: How does one remove a 'life-use' clause from a real estate quit-claim deed?

Our grandmother died in 2003, having previously (1988) signed a Quit-Claim Deed giving her house to my brother, reserving life use for herself. She had no assets when she passed other than the 'life use' clause; we neglected to probate her will (out of ignorance) and now cannot locate the will.... Read more »

Christopher H. McCormick
Christopher H. McCormick answered on Apr 3, 2018

Unfortunately the only way to get rid of the life use is to probate your grandmother's estate. An estate tax return reflecting the full value of the property needs to be filed with the probate court and a certificate releasing the estate tax be issued and recorded. This terminates the life use... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Connecticut on
Q: my father passed away in 76 with no will. and owned a home with my mom.. she sold the house .. are we entitled to money?

my father passed away in 1976 without a will. My mother stayed with the home and raised us in.. she recently sold the home . my question is are me and my siblings entitled to any monies from her selling the house.

Ben F Meek III
Ben F Meek III answered on Jan 12, 2018

The answer depends on how she owned the home. Most likely, she and your father owned the home as Joint Tenants with Right of Survivorship. This would mean that both of them owned the entire interest in the property equally and entirely, so when your father died, she would have remained as the... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: I am unclear what amount should be entered in Section 3, Part 2 of form CT-706NT for my husband's monthly pension.

Should I enter the amount he received for the month of his death or do I need to figure out the total amount he has received since his retirement in 1999? There is a survivor monthly benefit which I receive for as long as I live. There was never a lump sum payment received with this pension.

Matthew A. Wiley
Matthew A. Wiley answered on Dec 29, 2017

This is actually a pretty complicated question. Both options you have suggested are the wrong answer. You should meet with an attorney to discuss the options and the pros and cons of classification. From my perspective their are three options:

1. It is not listed as the type of account...
Read more »

1 Answer | Asked in Probate for Connecticut on
Q: For a name change through probate court, how is the domicile proven?
Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

I don't believe you need to prove your domicile for change of name. Besides completing the required forms, you must provide your birth certificate and two forms of identification, one of which will likely be your driver's license which shows the town you live in. Domicile is mostly just to make... Read more »

1 Answer | Asked in Family Law and Probate for Connecticut on
Q: What estate rights do I have to my boyfriends savings accts? We have lived together 30 years.

He has adult children.

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

You have no legal right to this money just by virtue of being together for 30 years. If you have any written agreement for money he owes you, that would be your only recourse.

I recommend that he leave you anything he wishes to in his Will.

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: If you disagree with an attorney's probate fee who do you contact, the probate judge, another attorney or someone else?
Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

The attorney does not set the probate fee. The probate fee is set by that laws of the state of Connecticut. They are assessed based on the value of the estate that was reported to the court. If you are referring to the attorney's legal fee, if this fee was agreed upon by you (or whomever is the... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My mother died in June 2017 and my father died yesterday. They have a will and have named myself and my sister as

co-executors, They have about $10000 in the bank, a reverse mortgage (we don't want the house) and an ira worth about $30000 which we are both named as beneficiaries. We both don't want to be executors or do any probate filings or notifying anyone of anything. Are we legally required to?

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

Yes you are. There will be no way to get those assets (house and bank account) out of their name (besides the IRA) without going through the Probate Court. It is required that you file the proper forms and pay any fees due. If you fraudulently transfer any of these assets (besides the IRA) to... Read more »

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: mother passed 2 yrs ago, will left sister as executor & assets to be divided 50/50. I can’t get answers from attorney?

Attorney says he waiting for sister to turn in checkbook, how can I get my share?

Nicole M. Camporeale
Nicole M. Camporeale answered on Dec 4, 2017

If it has been 2 years and nothing has been processed properly through the Court, I would recommend writing the Court and asking for a status conference. If granted, the Judge will ask the Executor (your sister) to file an update on why the estate hasn't been finalized. They may even hold a hearing... Read more »

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