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Carmine Perri

Principal
carmine@ctseniorlaw.com
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Phone: (860) 236-7673

92 Hopmeadow St
Simsbury, Connecticut 06089

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Carmine Perri will protect your rights. He will defend you against nursing facilities that commence collection actions. He will represent you in will contests, conservatorships, and other contested Probate matters. He will hold accountable those who are responsible for financial exploitation and elder abuse. And, because he knows how Medicaid works, he knows what it takes to win a Medicaid case for you. His goal, put simply, is to protect your rights.

Carmine represents individuals from all over the country as well as internationally.

Elder Law Litigation
  • Paul Valliere et al. v. Commissioner of Social Services, SC 19701- The Department of Social Services appealed a Superior Court decision (J. Noble) that stated, “pursuant to [federal law, state law] as well as the commissioner’s own policy manual, the department is obliged to adopt a Probate Court order (J. Mahon) awarding a CSA [Community Spouse Allowance] where the order predates an institutionalized person’s application for Medicaid.” The Supreme Court affirmed, holding that the Probate Court did not exceed its authority under section 45a-655 by ordering community spouse support in an amount that exceeded that which the Department of Social Services could order pursuant to 42 U.S.C. 1396r-5. This case has wide-ranging implications regarding Medicaid eligibility and the practice of law within our state's Probate Courts.
  • Before the Connecticut Supreme Court, Carmine successfully defended a client against a proposed collection tactic by a nursing facility (Wilton Meadows Limited Partnership vs. Sally Coratolo). The client’s husband was a resident of the facility and was unable to pay for the first months of his stay. About 6 months after his death, the facility sued Sally Coratolo, claiming that she was liable for her husband’s debt. Carmine argued before the Supreme Court on Sally’s behalf and won. This case is an important one because it shows that nursing facilities are looking for alternative grounds for recovery beyond the admission agreement and it underscores the Court’s intention to prevent the admission agreement from requiring third party guarantors of payment.
  • In an April 2023 decision, after a 4 day Fair Hearing, Attorney Perri, on behalf of his client, successfully advocated for the reduction of a $872K transfer penalty imposed by the Department of Social Services. The Fair Hearing Officer's decision stated, in part, “There is clear and convincing evidence that the transfers were made for a purpose other than qualifying for assistance therefore the Department’s action to assign a penalty is not correct.” The final decision was made that the applicant’s appeal was granted.
  • In a 2022 decision, after six days of a heavily contested involuntary conservatorship trial, Carmine successfully demonstrated to a Probate Court the necessity to appoint a conservator in accordance with his client’s request to the court.
  • In a February 2019 decision, Carmine successfully helped a client appeal, at the administrative fair hearing level, a caseworker's decision to impose a transfer of assets penalty. Carmine’s client had a Personal and Financial Services Agreement in place with her POA and friend. Carmine, and his client, proved to a fair hearing officer that the agreement was legally sound and enforceable and that services provided by the friend were in accordance with the agreement, thereby reversing the imposition of a penalty.
Will Contests
  • In a February 15, 2024 Memorandum of Decision, after a 6-day Will Contest trial, Carmine successfully represented two siblings against a third sibling by proving that their 99-year old mother lacked testamentary capacity to execute a Will, and that their sister unduly influenced their mother into executing the purported Will resulting in it not being admitted to probate.
  • In an October 2023 Decree after a three-day Will Contest, Carmine successfully represented two siblings in proving that the purported Will of their deceased father was the product of undue influence.  After the three-day trial, the Court found that undue influence was exercised subtly and methodically over a long period of time by certain family members (one person being the proponent of the purported Will.)  Additionally, the Court also found that three purported joint bank accounts were estate assets, rather than passing to one of the family members that unduly influenced the decedent.
  • In a June 2023 decision after a multi-day will contest, Carmine successfully represented two siblings who proved that a family member unduly influenced their mother into purportedly executing estate planning documents over a four year period of time.
  • In a March 2022 decision, Carmine successfully defended the validity of a Will in a three-day trial that considered over 50 exhibits. The court found the Will to be properly executed, the testator did not lack testamentary capacity, and the testator was not unduly influenced.
  • In a seven-day trial, as stated in a March 2022 decision, Carmine successfully defended the validity of a husband and wife’s Wills being contested in the probate court. In the same trial, Carmine defended the couple’s capacity to execute a deed. The court found the couple each had mind and memory to be sound enough to execute a Will, found no direct evidence of undue influence exerted over the couple, and found the deed to be a valid instrument of conveyance.
  • After a five-day trial, as stated in a January 2021 decision, Carmine successfully represented a child who was arguing that the purported Will of her deceased father was the product of undue influence. The Will was invalidated and not admitted for Probate.
  • In a six-day trial, as stated in an April 2021 decision, Carmine represented a primary beneficiary in getting a Will, that was executed shortly before the passing of the decedent, admitted to Probate Court. 
Tortious Interference with Inheritance
  • In a February 2020 Superior Court decision, Carmine represented three siblings in securing a judgment against their father’s second wife based on a Tortious Interference with the expectation of Inheritance claim.
Estate/Trust Litigation
  • In a May 2023 Superior Court decision, Carmine successfully represented plaintiffs in removing a trustee who was mismanaging a family trust. As the result of the breach of fiduciary duty by the trustee, the plaintiffs were awarded the return of damages and attorney’s fees.
  • In an April 2022 decision after a two-day trial, Carmine successfully argued to remove a fiduciary from an estate because the fiduciary failed to administer the estate effectively.
  • In a 2021 decision, Carmine successfully represented a beneficiary of an estate who was seeking to remove a fiduciary who failed to distribute the assets of the estate. The Probate Court ruled in Carmine’s client’s favor because of issues caused by the fiduciary’s mismanagement of the estate administration process. The removed fiduciary was ordered by the court to pay a surcharge. He was also a beneficiary of the estate and was ordered to take a reduction in his share of the estate.
  • In May 2020, Carmine successfully represented a client who was a trust beneficiary seeking to remove a trustee from the trust who neglected to perform the duties of a trustee. The Probate Court ruled in the client's favor finding the trustee, among other issues, had exposed the trust to potential financial loss, exhibited inconsistency in distribution criteria, and had a lack of regard for the beneficiary's privacy rights.
  • In the above mentioned case from May 2020, the trustee used trust funds to pay for his attorney fees.  As stated in a July 2021 decision, Carmine successfully argued that the removed trustee’s attorney’s fees and fiduciary fees, which were well into the six figures, should be his personal responsibility.
  • In May 2019, Carmine successfully represented a client who was a trust beneficiary and the trustees were seeking to prevent the client from receiving what her parents intended pursuant to the trust. After a trial in Probate Court, the court ruled in the client’s favor.
  • In a January 2019 decision, after many days of hearings, Carmine successfully represented a fiduciary who sought, and ultimately received, approval from a Probate Court regarding the fiduciary’s final accounting despite extensive objection from a beneficiary.
  • In the Fall of 2018, Carmine successfully represented a client against her siblings who claimed that the client’s joint account with her parent should have been an asset of her parent’s estate. Despite her siblings various claims, the court, in its Memorandum of Decision, ruled that Carmine's client was the rightful owner of bank accounts previously in both her name and her parent’s name.
  • In 2016, after a trial in Superior Court, Carmine successfully defended three siblings who were sued by a fourth sibling, claiming that their mother's wishes to assign property to the three siblings were made under duress and undue influence.
  • In 2016, by way of Summary Judgment in the Superior Court, Carmine successfully defended a Connecticut resident who was sued by two family members for actions that he took prior to and during his appointment as executor of his mother's estate. The court accepted Carmine’s argument which saved his client from having to go to trial.
  • After a three day trial in Superior Court, Carmine successfully defended an estate from a collateral attack initiated by disgruntled family members seeking to impose a constructive trust on the estate's primary asset, a piece of real estate in Fairfield, CT.
Nursing Facility Collection
  • In a May 2016 decision (J.Vacchelli), in the case of HealthCare Visions Inc. v. Martha Conn, the Superior Court denied the nursing facility’s attempt to remove each and every one of our client’s defenses and our client’s countersuit against the nursing facility.
  • After an evidentiary hearing, Carmine successfully defended a Responsible Party against a nursing facility that was seeking to attach $180,000 of her assets in connection with an outstanding nursing facility debt of her mother's. After denial of a Medicaid application made by the facility on the resident's behalf, the facility sought to impose liability upon our client, the Responsible Party, but the court denied the facility's application for attachment.
Financial Exploitation
  • Carmine represented an elderly client who claimed she was financially exploited by prior powers of attorney. The Superior Court issued a favorable decision which resulted in a settlement that resolved the litigation between the client and the defendants.
  • A family was hit with a large Medicaid penalty period due to some gifts that were made along with an outstanding nursing facility bill for $180,000. Carmine fought and won having the penalty period removed and the nursing home bill reduced to nearly nothing.
Other Impressive Things
  • In 2017, Carmine argued before the Connecticut Supreme Court, the Connecticut Appellate Court, and throughout the State at the trial court and Probate Court levels.
  • Since 2012, Carmine has been an active member of the Probate Court Rules Advisory Committee, Sub-Committee II (focuses on Contested Hearings). A notable accomplishment while serving on this committee is that Carmine has played a role in writing the latest Connecticut Probate Court Rules of Procedure (updated through 2015).
  • From 2014-2019 named New England elder law “Rising Star” by New England Super Lawyers Magazine, a designation recognizing the top up-and-coming attorneys in New England who are 40 years old or younger.
  • Named a "Super Lawyer" by Super Lawyers Magazine, 2020, 2021, 2022
  • JD, Quinnipiac University School of Law, 2005
  • BS, Philosophy, Sacred Heart University, 2002
  • Fairfield County “40 under 40” competition recipient for his legal accomplishments
  • Recently helped draft the updated Court Appointed Attorneys in Court of Probate Manual
  • Expanded his representation to include individuals from across the U.S. and overseas, including Australia.
Speaker & Author

Carmine is frequently sought out by other legal professionals. His in-depth knowledge has been illustrated in articles and presentations for the CT Bar Journal, the CT Bar Association, the CT Chapter of NAELA and the CT Trial Lawyers Association. Featured topics have included:

  • contested conservatorships
  • nursing facility resident rights
  • responsible party liability
  • limitation of spousal liability in nursing facilities
  • how elder law attorneys should deal with nursing facilities

Carmine loves research, writing and oral argument. He also appreciates the opportunity to represent clients in matters that affect their lives. When he’s not in the office or fighting in court for our clients, Carmine enjoys spending time with his wife and two sons, running, or cycling.

Professional & Bar Association Memberships
  • CT Chapter of NAELA, Member, 2012-present
  • Connecticut Bar Association
    • Elder Law Section - Chairman: Member Since 2010
    • Executive Committee, Estates & Probate Section: Member Since 2014
    • Unauthorized Practice of Law (UPL) Task Force: Member Since 2018
    • Vice Chair of the Senior Lawyers Committee: Since 2019
    • UPL Committee: Member Since 2019
  • CT Trial Lawyers Association, Member, 2013-present
  • CBA Estates & Probate Integrity of the Practice Committee, Member, 2014-present
  • NAELA Consumer Protection Committee, Member, 2015-present
Articles
Client Reviews
★★★★★
“I cannot find the words to thank all of you properly for your hard work and perseverance. It is a great relief to have gotten a just and proper ruling from the court. All of you have shown great professionalism and concern for the issues I brought before you.” J.G., Greensboro, GA
★★★★★
“All dealings have been excellent. Very professional organization. Great explanations of our options related to preparing a will. Clear, concise, great guidance and not trying to "sell us" on something we do not need. Administrative folks were super. All of our related paperwork was clearly tagged with what we needed to provide/sign/read /etc. Made things easy. Nice work.” L.G., Berlin, CT
★★★★★
“We loved working with your firm and really trust the advice. You have a well-deserved reputation and it was nice to check off a number of things that had been on our To-Do list. Although it's hard to make the time to take care of some of these matters, it is a great relief when you do so. I would definitely recommend your firm to anyone in need of the services that you provide.” L.M., Simsbury, CT
★★★★★
Everyone at the firm were consummate professionals. We felt completely comfortable with their guidance and were impressed by their compassion and commitment to us. R.H., Canton, CT
★★★★★
The attorney who served us was kind, thorough, and very responsive. He pointed out some issues in my mother's documents that could have been problematic down the road. After my mother passed, everything was as seamless as possible - a true gift at a time when life and death decisions were being made and emotions were overwhelming. J.B., Cromwell, CT
★★★★★
Great service, was on top of everything. I'm glad they were there to help us though a tough time. J.M., Farmington, CT
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