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Henry C. Weatherby

Henry Weatherby’s Answers

229 total

  • In a probate contest, when a temporary administer is assigned by the judge, does that automatically means the estate pays the

    Temporary administrators bill?

    Henry’s Answer

    Yes the entire estate is liable for the all of the expenses of administration. The only exception would be if the decedent had a will that provided for specific distributions and also provide that those would be made without any of the expenses of administration for the estate.

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  • Can a lawyer be dragging her feet in probate?

    My aunt passed away over a year ago and her will was very cut and dry. 9 months ago all of her assets where liquidated and her house was sold months ago. The executor of the will confirmed it all was finished months ago. When I called the lawyer a...

    Henry’s Answer

    It is not possible to answer the questions you ask, because the information is to limited. You can check with the clerk of the probate court and find out the status of the matter. You can get a copy of the entire file if you want it. It is possible to petition of a hearing to determine the status and to seek to compel the executor to complete the estate settlement and distribution of the assets. I would concur with those who have already answered that you need to hire counsel to help you resolve this issue.

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  • The Administrator of the estate of my mother and brother in law, has not submitted a final accounting. It has been over 2 year

    Recently, we found out that the Administrator took monies from the descendant while having the Power of Attorney over him. What can we do?

    Henry’s Answer

    Based on your statement alleging that the Administrator abused his authority as an agent under the power of attorney; you can petition the probate court for an accounting of what he did as agent. If as Administrator he has failed to file the final accounting for 2 years, again you can petition the probate court for his removal and the appointment of a new Administrator. I would strongly suggest that you hire an experience probate attorney to assist you in this matter.

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  • I am the fiduciary of my fathers estate can I get in trouble for taking an early distribution of funds that will come to me

    I took an early distribution against my inheritance and now I am afraid I am going to get in some type of trouble

    Henry’s Answer

    Whether taking the distribution is problem for you depends on a number of factor that cannot be answered from the information provided. it would be necessary to read the will and or trust that is involved and determine what your rights are and what the proper timing would be. As has already been suggested you would be well advised to hire an experienced probate and trust attorney to advise you.

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  • I am on Social Security Disability and have a conservator. My question is when I reach retirement age. Do I need a conservator?

    Do I still have to have a conservator after my status changes to regular social security?

    Henry’s Answer

    Receiving Social Security disability has nothing to do directly with whether or not you have a conservator. To have a conservator the probate court had to determine that for some reason you are not able to manage her own finances in a satisfactory manner. Likewise, merely reaching retirement age and receiving Social Security retirement payments will not have an impact on whether or not you need a conservator. Generally, an individual who has a conservator to appointed to manage their affairs will have an attorney appointed to represent their interests. If you feel you do not need a conservator then you can always request the probate court to remove the conservatory and allow you to manage your own affairs without the involvement of the probate court or a conservatory.

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  • Distribution of assets after death when no will is written before death?

    I am married to a man who has 3 children from 2 previous marriages before me. Together we have 3 kids at the moment. He owns many properties on his name that he has bought during these years. I was wondering who will be the survivor of these prope...

    Henry’s Answer

    Assuming that the assets are owned only in his name then the property will pass under the Connecticut law of intestacy. Based on children from prior marriages the assets should be divided so that you, as spouse, inherits 1/2 of the assets and the children inherit everything else in equal shares. However, joint ownership with the right of survivorship will cause the assets titled in joint tenancy with survivorship to pass to the joint owner.

    You and your husband would be well advised to complete an estate plan to make sure that the family is provided for in the manner that is desired.

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  • Can I make a will so if I die first I can choose who ii leave my half of our joint monies to

    My husband and I now have a will which we leave all to the remaining one after the other one dies. We do not agree as to how things will be devided. I would like to make my own will leaving my half to whom I choose. Can I do this

    Henry’s Answer

    You have the right to make a will that leaves the assets that are controlled by a will to anyone you want without regard to what your husband does. However, you mention joint accounts. Accounts held in Joint Tenancy with right of survivorship (this is the most commonly the form of ownership when people say it is a joint account) will pass to the joint owner and will not be controlled by your will or your husbands will. for your will to have any effect if you should be the first to die you have to change the form of ownership to either your own name individually or to a tenant in common account.

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  • Three Co-Executors exist on my dad's estate admin. Should all three sign all tax returns, Federal and State? Do IRS require it?

    Three Co-Execs were named in dad's will, two of whom are co-beneficiaries as well. What rules apply on signatures for all tax returns? Liabilities as Fiduciaries if any?

    Henry’s Answer

    The return is singed under penalty of perjury. Here is what the instructions say:

    "If there is more than one executor, all listed executors are responsible for the return. However, it is sufficient for only one of the co-executors to sign the return.
    All executors are responsible for the return as filed and are liable for penalties imposed for erroneous or false returns.

    If two or more persons are liable for filing the return, they should all join together in filing one complete return. However, if they are unable to join in making one complete return, each is required to file a return disclosing all the information the person has about the estate, including the name of every person holding an interest in the property and a full description of the property. If the appointed, qualified, and acting executor is unable to make a complete return, then every person holding an interest in the property must, on notice from the IRS, make a return regarding that interest.

    The executor who files the return must, in every case, sign the declaration on page 1 under penalties of perjury."

    Our practice is to have all co-executors sign, though it is not required as you can see form the quote from the instructions. In addition, since as an executor each is responsible for the proper filing it is imperative that each be aware of the contents of the return and have agreed to the correctness of it prior to signing it.

    This is one of many reasons why we always encourage clients to give the duties and responsibilities of being an executor to on person or institution.

    If errors are made that cause any one or more of the beneficiaries to be damaged by the actions of the executor all those named can be personally liable for the damages. This extends to the failure to properly pay taxes that are due.

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  • Who takes charge of Investment Portfolio, Accountants needed, Estate Lawyer needed during Estate Admin?

    My brother and I are Co-execs and Co-Beneficiaries on our Dad's Estate. There is a significant Investment Portfolio I believe has/ will continue to be mismanaged and overcharged. I further have advocated its total liquidation (to avoid any cap gai...

    Henry’s Answer

    You have my most sincerest condolences on your loss. You also have them for the stressful situation that you find yourself in the middle of.

    You raise a number of important questions. However, one you didn't raise that is critical to having the estate settled as expeditiously as possible is; Should either of you or your brother be the executors?

    The 3 decisions that you indicate need to be addressed mutually, can only properly be done by your joint agreement. You are correct that there should be written agreements with accountants and attorney regarding the services that they're providing for the estate. This can extend to whoever has custody of the assets. Given the fact that there seems to be significant disagreement between you and your brother on how to manage the estate, you should also probably have your own attorney to represent you regarding your activities as an executor and help ensure that the outcomes in settling the estate is appropriate. Your brother will also likely need to retain separate counsel if you have your own.

    We've seen many situations where siblings simply could not effectively work together to properly settle an estate. Realizing that early in the process and then working with counsel to take appropriate steps to have an independent third-party appointed is generally the most cost-effective approach in the long run. Your situation and the questions you raise regarding it is unfortunately not uncommon but it always becomes more complex and costly the longer the problems between the co-executors goes unresolved. This approach will substantially reduce the amount of time that you spend in probate court in front of the judge and all the costs involved.

    If you would like to discuss how we can be assistance to you in this matter you can visit our website at to learn more about our practice.

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  • Can all my financial assets be placed in conservatorship without my knowledge?

    I suspect that I may have been falsely presented as cognitively impaired to the probate court by family members, so that they could gain control of my financial assets

    Henry’s Answer

    The short answer is NO. There is a very specific process that needs to be followed. There is a required court hearing of which you would have to have been notified. In addition, since this would have been an involuntary conservatorship; an attorney would have been appointed to represent your interests who is required to have met with you prior to the appointment of a conservator. There are other issues that would have to have been addressed as well.

    Based on your question and your statement it does not appear that a conservatorship could have been properly established. However, without actually meeting with you and understanding all of the facts; including why you believe this may have happened, it is not possible to provide any advice. I concur with my colleague that you need to hire an experienced probate attorney to represent you to make sure that you're not taken advantage of.

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