Probate

January 2, 2024

9 Ways Connecticut Protects Against Conservatorship Abuse

It’s often said that art imitates life. If that’s true of the popular movie, I Care a Lot, life can get pretty scary in the world of conservators and conservatorship.

Conservatorship is designed to protect a person who has, for any number of reasons, become incapable of managing his or her financial and/or personal affairs. Most people create a Designation of Conservator as a standard part of their estate planning.

In I Care a Lot, however, the film’s writers twist that idea to tell a rather dark (if humorously presented) story about what might happen if someone were to take advantage of such a situation.

October 31, 2023

Do You Have To Go Through Probate?

by Czepiga Daly Pope & Perri LLC

How do you know whether or not you’ll need to go through the Connecticut probate court?

To answer this question, first let’s understand what probate is and the purpose it serves.

What is Probate?

Probate is the process for settling an estate under court supervision. It’s designed to serve as a protection against fraud by freezing the estate’s assets until a judge can confirm that everything is in order with the Will, beneficiaries, and creditors. Continue reading

August 21, 2023

Where Does Your Debt Go When You Die?

by Czepiga Daly Pope & Perri LLC

By Jeff Rivard

The saying “you can’t take it with you” is meant to remind people that no matter how much wealth you accumulate in your lifetime, you’ll have to leave it behind when you pass. Unfortunately, for your heirs, the same goes for your debts.

Turns out that dying is no excuse for defaulting on debt. So then the pertinent questions become

June 17, 2021

Out-of-State Property and Probate: What You Need To Know

by Czepiga Daly Pope & Perri LLC

During a time of grief and sadness, the thought of having to go through probate can understandably bring on additional anxiety and confusion.

And, if your loved one owned out-of-state property, you may now be tasked with dealing with an additional layer of cumbersome paperwork and probate proceedings.

So you may wondering…

March 20, 2021

When a Spouse Dies: 1 Reason You Must File With the Probate Court

by Czepiga Daly Pope & Perri LLC

Your spouse just passed away, and everything your spouse owned had a joint or beneficiary designation. All of your spouse’s assets go to you without having to go through probate first.

End of story, right? Not exactly.

Did you know that you still have to file paperwork with the probate court? At the very least, a Connecticut estate tax return must be filed, even if no tax is due. Not filing can cause problems for you down the road, and here’s why. Continue reading

March 18, 2021

Trusts and the Probate Process: What You Should Know

by Czepiga Daly Pope & Perri LLC

If you’re confused, or unfamiliar with trusts as part of an estate plan, you’re not alone! Some people need to have a trust, others do not.

Then there’s the probate process. Does having a trust impact the probate process? Should you have a trust to avoid the probate process?

To answer your questions about trusts and probate, read on!

July 30, 2020

Tips for Executors: 7 Steps to the Probate Process

by Czepiga Daly Pope & Perri LLC

So your duty as executor has kicked in. And the word “probate” keeps popping up.

Not sure what probate is? You’re not alone.

Most people don’t know much about the probate process in Connecticut unless they’ve had firsthand experience with it, for example, when a family member dies and his or her estate needs to be administered.

The Connecticut probate court oversees an orderly transfer of title of the decedent’s (deceased person’s) assets from the decedent’s name to his or her beneficiaries. It also makes sure that all the assets are accounted for and all the bills are paid. Continue reading

April 25, 2020

Challenging a Will in Connecticut – What You Need to Know

by Czepiga Daly Pope & Perri LLC

Contrary to popular belief, a Will or Last Will and Testament, isn’t always written in stone.

Quite frequently, disputes arise over the contents of a Will and the parties who are at odds must seek outside help to resolve the issues. Because there are often conflicts of interest around such disputes, it’s important for each party Continue reading

March 5, 2020

Estate Planning and Disgruntled Heirs: Ways to Avoid the Fight

by Czepiga Daly Pope & Perri LLC

By Carmine Perri

Because of my practice area, probate and elder law litigation, I oftentimes find myself in either the courtroom or the hallway with a client fielding this all too common question:

“What could we have done to avoid all of this?”

You probably have an estate plan which means you have certainly taken a step in the right direction to protect your assets and ensure that they get distributed as you wish.

But you may be able to do more. Continue reading

October 13, 2019

How Probate Court Decides Conservatorship Appointments

by Czepiga Daly Pope & Perri LLC

Note: For additional information on conservatorship, please read our introductory post, What Is a Conservatorship? and the follow up, Applying for Conservatorship in Connecticut.

Deciding to conserve a loved one is a complex and sometimes painful process. You want the best care and quality of life for the people you love, but it can be daunting to consider the intervention and support of external parties.

Because application for conservatorship requires the involvement of the court, it’s important to understand how the court evaluates your loved one’s situation and capacity as well as what means you have to appeal the decision the court makes.