Articles Posted in Probate

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A virtual touchscreen with probate option buttons.Probate is often something that people wish that they could avoid.

The truth is that probate is not an inherently bad thing, nor something to be fearful of. In fact, it can be a very helpful process that offers an independent entity – the probate court – to oversee and ensure that a decedent’s wishes are met.

But it is also true that there are certain situations where you would want to do some advanced planning designed to avoid probate.  To get a better picture of when and why someone would want to avoid probate, let’s first review what probate is and the function of the probate court.

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AdobeStock_57199720-300x300It’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.

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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

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AdobeStock_76179051-300x200By 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

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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…

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Bidding on a homeYour 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

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AdobeStock_267044407-300x200If 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!

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Helpful tipsSo 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

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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

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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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