Articles Posted in Litigation

AdobeStock_35685286-182x300By E. Jennifer Reale

It happens more often than you might imagine. After losing a loved one, family members discover that the deceased’s life insurance policy is about to be paid out to an unexpected beneficiary. Such news can come as a nasty shock, and—unfortunately—it can herald an uphill battle to get the situation resolved.

Given that a life insurance or annuity is a direct contact between the insured (the deceased) and the company providing the insurance/annuity, the claims are settled independently from any Will or Trust that the deceased may have had in place.

By Attorney Carmine Perri

Close up of eviction noticeGoing to a nursing home is hard enough, imagine being evicted? Good news. There are laws in place to prevent that from happening.

Within a nursing home, just like any other place you call home, you are entitled to certain rights. These rights include not being able to be evicted for any reason beyond the six listed in the United States’ Code:

  1. The discharge is necessary for the resident’s welfare and his or her needs cannot be met in the facility.
  2. The resident’s health has improved and no longer needs the facility’s services.
  3. The resident is endangering the safety of others.
  4. The resident is endangering the health of others.
  5. The resident has failed to pay for (or to have paid under Medicare or Medicaid) a stay at the facility.
  6. The facility ceases to operate.

Continue reading

AdobeStock_77977180-300x200By E. Jennifer Reale

“This is the last thing Mom and Dad would have wanted” – one of the most common sentences I hear when representing clients in contested probate litigation.

When a Will or a trust or even the actions of a trustee are challenged, there often is what we call an extensive discovery, which brings to light personal information that you’d rather not go public.

MG_4904-300x200In a decision released February 1, 2018, the Connecticut Supreme Court found in favor of the plaintiffs, represented by one of our principals Carmine Perri, who had challenged the Commissioner of Social Services over a determination from the Department of Social Services (DSS) regarding whether or not a preexisting spousal support order rendered by the Probate Court was binding on DSS.

The plaintiffs in the case were a father and his daughter; the daughter was acting in her capacity as conservator for her father and executrix of her father’s wife’s estate. Shortly after her father’s wife was discharged from a medical facility to a skilled nursing facility, the conservator filed an application in the Probate Court seeking an order of spousal support for her father.  The Probate Court approved the application thereby allowing the conservator to transfer the wife’s assets to the husband and ordered the conservator to pay the wife’s income to her father as monthly spousal support.

Less than a month after the Probate Court issued its decree, a Title XIX (Medicaid) application was filed with DSS on the wife’s behalf.  While DSS granted the application, it did not factor the previously existing Probate Court order when calculating how much money could be allocated to the support of the husband; in short, DSS ignored the Probate Court order when arriving at its calculation of spousal support.

AdobeStock_32607232-300x225This is the first in a two-part series about the realities of and remedies for sibling rivalry over family inheritance. The 2nd part in the series “How to Keep the Kids from Fighting Over Their Inheritance” provides tips on how to avoid these kinds of conflicts.

“Mom always liked you best,” Tommy Smothers used to say. Those five words make up one of the most recognizable catch phrases of the inimitable Smothers Brothers. Coined in the early 1960s, it captures — in a humorous way — the rivalry that is an almost ubiquitous part of growing up with siblings.

Most of the time, such rivalries fade over the years, becoming fodder for family ribbing around the holiday table. But when the passing of a parent drives siblings into the unfamiliar territory of dealing with an inheritance, those rivalries can rear their ugly heads in unexpected and sometimes heartbreaking ways.

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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

power of attorney actBy Taylor Equi

Connecticut has amped up the protection that a power of attorney provides.

Effective October 1, 2016, Connecticut will do away with the statutory short form power of attorney act, replacing it with the Uniform Power of Attorney Act (UPOAA).

The UPOAA both clarifies and modernizes Connecticut’s principal-agent laws, and gives you greater protection under the law from exploitation.

The UPOAA sends a clear message that there will be harsh consequences for any agent who breaks the trust and welfare of a senior for financial gain. Continue reading

Portrait of happy woman who is hoping for good newsBy Carmine Perri  

With Thanksgiving behind us and other holidays quickly approaching, most of us are now in full holiday swing.  Maybe it is simply the time of year where the word “expectation” is bouncing around in my mind.

With these holidays, we must at least consider the notion that expectations are created and that some of us, from children to adults, have some expectation about receiving gifts (from where is a conversation for you to have with your loved ones). Continue reading

mercuryBy Carmine Perri

Recently, I came across an email that listed 45 synonyms for “old” and “old fashioned.”

In reviewing the 45 word list, I got to thinking more about the consequences of the meaning of each of these words.

As an example, what jumps to mind when I write the word vintage?  Maybe that classic car?  Maybe that high quality wine?

Certainly something that is excellent, enduring, and classical. Continue reading

157H (1)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

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