You've raised two issues. First, wills of deceased people and probate inventories are "public record" and may be viewed at the probate court. Form CT706NT lists "non-probate" assets, such as joint accounts. Form CT-706 NT may only be seen by estate beneficiaries if the judge grants them access to it.
The sole purpose of the CT706NT is to establish the statutory probate court fee. That fee is approximately .025% of all assets, including all non-probate assets such as joint accounts, life...
One judge described undue influence as a "Svengali like state" in which someone , by manipulation or deception, obtains a bequest by overcoming the testator's free will.
It's quite difficult to win a will contest based on the ground of undue influence. There is almost never direct evidence. We sometimes speak of "badges" of undue influence.
Here are some of them. \
The testator is in a weakened physical or mental condition.
The "influencer" is in a position of "...
You said that your sister died intestate [no will]. However, you used the word "executor." An executor is someone who is appointed by will. The person who settles an intestate estate is called an "administrator." I'm not sure whether your sister had a will or not.
If she died intestate, then I agree with the prior answer. If she had a will, you would have the right to contest the will. Having the right to do it does not mean that you would be successful. Will contests are often uphill...
In Connecticut, you can contest a will at a hearing on the "admission of the will to probate." If the court enters a decree admitting the will, you have, as Atty. Pankowski said, thirty days to appeal to the Superior Court. That period is extended to twelve months if you did not have notice of the Probate proceeding. An appeal to the Superior Court is a complete new trial.
As far as contests being expensive and difficult to win, that's pretty much true. However, from my experience in a...
This is a difficult question to answer without research. The issue is when the spouse's share "vested" in her [when she became entitled to it. Connecticut follows the "rule of early vesting" - that interests in estates and trusts vest at the earliest point of time, considering the language of the document.
The condition is only that a spouse survive the son, not that she survive and not remarry.
This could be argued both ways.
This is an interesting matter. You should discuss it with...
Under Connecticut law, a will must be in writing. and signed at the end by the testator [will maker]. It has to be witnessed by two people who sign as witnesses in the testator's presence.
The courts interpret these statutory requirements strictly. One has to comply with all of them..
Your father should hire a Connecticut lawyer to take care of his will.
I agree regarding not knowing all of the facts. Also, I don't know what you mean by Mary's ability to "delegate" the administration of the trust to others. Trustees have two types of "jobs," called "ministerial acts" and "discretionary acts." Ministerial acts are those that do not require any decision making. Those can be delegated. A trustee cannot delegate discretionary acts to anyone except a co-trustee. One exception is possibly delegating the investment advisory function under some...
It's because, under the Connecticut statutes, anyone "aggrieved" by the probate court's decree can appeal the decree to the superior court within thirty days. It might be possible to eliminate or shorten the waiting time if ALL of the interested parties file waivers of their right to appeal with the probate court.
There's another aspect to this which you may want to think about. If you own real property outside of your state of residence, there will have to be a separate probate proceeding in the state(s) where the property is located. These "ancillary administrations" can be expensive and time consuming. They can be avoided by transferring the property(ies) to a revocable trust, of which you are the only trustee. You maintain complete control of the assets and avoid out of state probate.
This is not a questions that can be answered without further information. The answer depends to a large extent on the terms of the document creating the trust [trust agreement or will]. You should discuss this with a lawyer who has experience in trust and estate law.