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Connecticut Probate Legal Questions

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35 legal questions have been posted about wills and probate by real users in Connecticut. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
Connecticut Probate Questions & Legal Answers
Do you have any Connecticut Probate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 35 previously answered Connecticut Probate questions.
Wills and Probate
Connecticut

Recent Legal Answers

Are the adult children of a decedent entitled to see a copy of their will?

Answered 2 years and 8 months ago by attorney William J. Lasko   |   1 Answer
More information  is needed.   Generally, a will needs to be submitted to probate court so that the validity of the will can be determined.    Probate court also requires notice be sent to the various hiers and benificaries of the decedent.   In the probate process, the benificiars are required to have notice as to the contents of the will.   Further, cetain assests such as jointly owned property, bank accounts, etc. may pass out side of a will.   Under certain circumstances, if the probate process is not intiated in a timely fashion, intrested parties may be able to intiate the estate adminstration process. Under the circumstances, it would be in your husband's best intrests to contact an attorney to fully discuss your husband's situation with his father's esated and how to proceed.   Best Regards, Attorney Lasko tel 203 329-6602 www.laskolaw.net... Read More
More information  is needed.   Generally, a will needs to be submitted to probate court so that the validity of the will can be... Read More

If I am still paying a mortgage on my home could I put the house in a living trust?

Answered 3 years and a month ago by attorney Ms. Leslie Thomas   |   1 Answer
Yes, you can put a home with a mortgage on it into a living trust. I am not licensed in CT, so I would only be speculating on the cost in that state.  I suggest you contact an estate planning attorney in your area and they will be able to help you with all of your planning needs. ... Read More
Yes, you can put a home with a mortgage on it into a living trust. I am not licensed in CT, so I would only be speculating on the cost in that... Read More

My hasband and I need a will, PofA and health directives. Do we need an attorney for this?

Answered 4 years and 2 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
You should definitely speak with an attorney to have these documents drafted correctly.  Please feel free to contact my office and ask for Attorney Christopher Hite for a price quote.  Thank you. 203.870.6700
You should definitely speak with an attorney to have these documents drafted correctly.  Please feel free to contact my office and ask for... Read More

Trying to get advise about getting to get legal rights of my friends medical decisions

Answered 4 years and 4 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
You need to contact a probate attorney for a consultation.  I am not able to offer advice as I am conflicted out by virtue of my job, but my law partner Christopher Hite would be able to assist you. 203-870-6700
You need to contact a probate attorney for a consultation.  I am not able to offer advice as I am conflicted out by virtue of my job, but my law... Read More

Can the executor of a probate will have the contents of a condo and the money from the estate frozen for up to 6-9 months. My brother is doing that.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
While the advice of a CT, not a TX, lawyer should be sought, in general an executor is required to produce an inventory within a few months but is not required to produce an accounting for over a year (allowing time to pay taxes and creditors).  On average, it takes two years to settle an account in the estate.  Six to nine months is nothing.... Read More
While the advice of a CT, not a TX, lawyer should be sought, in general an executor is required to produce an inventory within a few months but is... Read More

Wills and trusts

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
This varies from case to case.  The national average is two years, meaning that half take longer.  Please keep in mind that the property must be assembled and sold to pay debts, some of which may not be presented for over a year, and that 2021 taxes cannot be paid until 2022, necessarily delaying distributions  of whatever may remain.... Read More
This varies from case to case.  The national average is two years, meaning that half take longer.  Please keep in mind that the property... Read More

Can a 401K and HSA with no beneficiaries assigned be closed and the money placed into an existing estate bank account?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
With no named beneficiaries and no surviving spouse, the accounts pass to the estate.  Please contact the plan administrator.
With no named beneficiaries and no surviving spouse, the accounts pass to the estate.  Please contact the plan administrator.

What happens if an etate is not claimed if the executor passes

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Beneficiaries do not need to file a claim.  The successor executor named in the Will or, if there is none, appointed by the court takes over.  States vary on how distant a relative must be to inherit.  Where there are limits, if there is no such relative, the estate escheats to the state.  You are no longer a relative of any sort.... Read More
Beneficiaries do not need to file a claim.  The successor executor named in the Will or, if there is none, appointed by the court takes... Read More

If a probation officer violates your probation can you get the same one again?

Answered 5 years and 2 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
It is definitely allowed and not unusual.  For further information or assistance, please feel free to contact our offices 203.870.6700  
It is definitely allowed and not unusual.  For further information or assistance, please feel free to contact our offices 203.870.6700  

What should I do when a lawyer will not perform the work he said he would do after 6 months? I NEED ANOTHER PROBATEATTORNEY FOR THE WESCHESTER NYAREA.

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Most engagement/retainer agreements provide that you can fire the lawyer at any time for any reason or for no reason.  Find a new lawyer and ask that your file be transferred (send a letter certified mail, return receipt requested and another regular mail, keeping the post office receipts for both).  You can also inform the lawyer that absent a detailed invoice showing work done and out-of-pocket costs incurred, you will be filing a gievance with the state bar....but you may not want to do this until you have a new lawyer and the file transferred.  A prospective new lawyer does not know the situation and may worry that the problem lies with you.... Read More
Most engagement/retainer agreements provide that you can fire the lawyer at any time for any reason or for no reason.  Find a new lawyer and ask... Read More

My boyfriend passed away and his 401K had no beneficiary on it.

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
If there was neither a designated beneficiary or a spouse, the 401k passes to the estate and under the Will or, if there was no Will, pursuant to the state's laws of inheritance.
If there was neither a designated beneficiary or a spouse, the 401k passes to the estate and under the Will or, if there was no Will, pursuant to the... Read More

Probate Court law in Farmington, CT: Do I have the right to assets as the living next of kin (heir) from my sister’s estate that was filed in probate?

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
In most states only the executor can demand a copy of the autopsy and medical records and then only within a certain time period, not 17 years after the death. If your sister died without a Will, her estate passed to her husband and cildren, if any. 
In most states only the executor can demand a copy of the autopsy and medical records and then only within a certain time period, not 17 years after... Read More

Is this case worth me proceeding with?

Answered 5 years and 11 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
I am not certain I see a question.  I would advise you to seek out experienced probate, trusts and estate counsel asap to avoid wasting any of your rights and in hopes of getting the full picture.  Good luck. 
I am not certain I see a question.  I would advise you to seek out experienced probate, trusts and estate counsel asap to avoid wasting any of... Read More

I am looking for a fiduciary in the settlement of my father's estate. How do I find a firm who will take on the fiduciary responsibility?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
This varies from state to state.  Some states have professional fiduciaries.  In others the judge may appoint an attorney.
This varies from state to state.  Some states have professional fiduciaries.  In others the judge may appoint an attorney.

Is there a way to process a copy of the Will in Probate court?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Ask a local lawyer whether your state will probate a copy of a Will.  Some states will if you can produce the witnesses to the Will or witnesses to your mother's handwriting.
Ask a local lawyer whether your state will probate a copy of a Will.  Some states will if you can produce the witnesses to the Will or witnesses... Read More

My Mother’s Second Husband Was Designated as Her IRA Beneficiary; however, He’s Submitted Funeral and Palliative Care Expenses to her Estate

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes.  That there is money outside the estate does not relieve the estate of its expenses.
Yes.  That there is money outside the estate does not relieve the estate of its expenses.

How much would it be to look over a living will and testament to review so I understand everything

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
A national listserv won't give you local rates.  Even a local lawyer can only guesstimate how much would be involved in working with a person they do not know.  Find a local estate planning and probate lawyer.  You must do so anyway to probate your late husband's Will.  A Will has no legal effect until it is admitted to probate.... Read More
A national listserv won't give you local rates.  Even a local lawyer can only guesstimate how much would be involved in working with a person... Read More

Do I inherit anything or does everything go to my fathers wife if she becomes fiduciary?

Answered 6 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Whoever administers the estate, the property in the estate passes according to state law.
Whoever administers the estate, the property in the estate passes according to state law.

How much does a will cost in Ct?

Answered 7 years ago by attorney Hon. Max L Rosenberg   |   1 Answer
In my office we do a will package. Depending on the complexity of the will package (which include a power of attorney, living will, Do not or please do resusitate, apointment of health care proxy and appointment of conservator if needed) the cost runs between $850 and 1200.00.  Feel free to contact us.... Read More
In my office we do a will package. Depending on the complexity of the will package (which include a power of attorney, living will, Do not or please... Read More

I adopted my step daughter. She is married and has children I have a will leaving everything to my daughter not my step daughter. If she dies does

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 Answer
The Will governs.
The Will governs.

How do I negotiate a probate check

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 Answer
Probate the estate.  As executor (or administrator if there is no Will) you will then have authority to cash the check.
Probate the estate.  As executor (or administrator if there is no Will) you will then have authority to cash the check.

My Husband & I are looking for someone to talk to about a Will & Power of Attorney.

Answered 7 years and a month ago by attorney Hon. Max L Rosenberg   |   1 Answer
I highly reccomend Christopher Hite of Rosenberg, Miller, Hite, and Morilla, LLC in Stratford, CT. He is affordable, friendly, dilligent and very experienced. 203.870.6700. 
I highly reccomend Christopher Hite of Rosenberg, Miller, Hite, and Morilla, LLC in Stratford, CT. He is affordable, friendly, dilligent and very... Read More

If there are only two Parcels of land left to be probated, one being w survivorship deed, and the other in a trust do ineed probate attorney??

Answered 7 years and 5 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
It is my oppinion that your interests are always  better served with an experienced and capable lawyer in your corner.  What you are really asking is whether you can trust your current attorney.  I cannot answer that, but there are plenty of websites that can help you draw a reasonable conclusion.... Read More
It is my oppinion that your interests are always  better served with an experienced and capable lawyer in your corner.  What you are really... Read More

What categories must I search to locate a reliable lawyer that can assist with updating my Will and modifying or creating a living will

Answered 7 years and 5 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
My office drafts will packages regularly and would be happy to speak with you further. 
My office drafts will packages regularly and would be happy to speak with you further. 

Check

Answered 7 years and 8 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
You need to open a probate estate for your husband.  This may be a simple thing or a long ordeal depending on the amount of asseets he has left and whether he died intestate or not.  I would highly reccomend consulting with a probate attorney to guide you through this process.  My office handles these matters regularly and can likely offer you a relatively quick solution. Please feel free to contact us if you would like assistance 203.870.6700.... Read More
You need to open a probate estate for your husband.  This may be a simple thing or a long ordeal depending on the amount of asseets he has left... Read More
Wills and Probate
Connecticut

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