Category Archives: Estate Planning

CONTESTING A LAST WILL AND TESTAMENT

“I was left out of mom’s will, can I challenge the will in court, and what are my chances of success?” That is a question that I have answered for prospective clients hundreds of times over the years. Of course, the person asking the question can be any heir at law (those individuals who would… Read More »

WHAT IS A TRUST AND DO I NEED ONE?

A Trust is an instrument through which one can control their assets not only while they are alive, but also direct how they are to be used after one dies. There are two primary categories, revocable and irrevocable. A revocable trust, also called a living trust is one that is flexible and can be altered,… Read More »

ESTATE PLANNING, JUST THE BEGINNING

After having completed your estate planning documents including a Power of Attorney (POA), Appointment of Healthcare Representative (HCR), Designation of Conservator (DC), Living Will, also called Advance Directive (AD) and your Last Will and Testament, who do you tell or give copies of it to? First, this is a subjective question. The answer is whomever… Read More »

IS IT TIME TO DIE?

For twenty five years I have been preparing estate planning documents for clients which documents usually include an Advanced Directive (AD) (also known as Living Will). An AD, in short, is a simple statement that says if there is no longer any medical help for me, then I want to be allowed to die a… Read More »

JOINT ACCOUNTS-Good or Bad?

Joint bank accounts/investment accounts are generally a good practice between spouses, with some exceptions; joint bank accounts/investments with children or others can be troublesome. Between spouses joint accounts work well to transfer an asset to a survivor and it minimizes the probate process, at least as to that asset, however, it is necessary to have… Read More »

PROBATE COURT – PART 4: Guardians

A Guardian is an adult appointed to oversee the affairs of a minor which is defined as one who is under the age of 18 years. There are three primary types of guardianships in Connecticut, guardian of the person, guardian of the estate and guardian ad litem. Pursuant to C.G.S. 45a-606, “The father and mother of… Read More »

PROBATE COURT – PART 3: Conservators

A Conservator is a person appointed by a Probate Court to oversee medical and/or financial affairs of an adult. There are two types of conservatorships, voluntary and involuntary and then there are two distinct roles of a conservator, Conservator of the Person and Conservator of the Estate. A Conservator of the Person is a person… Read More »

PROBATE COURT – PART 2: Decedent’s Estates

The most common interaction with a Probate Court most people experience is when someone dies. If a person dies and has his or her name on an asset, with or without someone else’s name on that same asset, then papers need to be filed with the Probate Court to remove the decedent’s name and properly… Read More »

PROBATE COURT – PART 1: What Is It?

The Probate Court system is a state law derivative of the judicial system designed to be user friendly for the non-attorney because of the broad range of sensitive matters it handles including, but not limited to children custody, child neglect, termination of parental rights and re-unification of parents to children, adoption; conservatorships and guardianships of… Read More »

FIREARMS IN ESTATE PLANNING

Despite our legislature’s intent, more people own guns now than ever before. However, because of the voluminous restrictions on gun ownership, it is more crucial than ever that anyone owning a gun properly provides for its succession in their estate plan. There are many things to consider in the estate planning process for succession of… Read More »

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