Jeffrey L Crown's Answers

Do connecticut wills need to be notarized?

No. There is no statutory requirement that a Connecticut will be notarized. The statutory requirements are that the will be signed at the end of the document in front of two witnesses who sign it in the testator's presence [Sec. 45-251, CT General Statutes] That being said, it is common practice in CT to use a "self proving affidavit". This is a statement by the witnesses under oath in front of a notary or a lawyer [Commissioner of the Superior Court] that the testator had the requisite...

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Esablishing a trust

Let's take your question apart and answer it one part at a time. In order to create a valid trust, there must be, (1) the intention to create a trust and to create a fiduciary relationship; (2) at least one ascertainable beneficiary other than the creator of the trust and (3) a "trust corpus" -- assets subject to the trust relationship. Sometimes this 3d element is satisfied by having the trust named as a beneficiary under a will, life insurance policy or retirement plan. Once a trust is...

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What to do about an evasive executor?

You said that your father in law "recently" passed away. Under CT law, anyone in possession of a will must deliver it to the executor. if the executor has it, he or she must deliver it to the Probate Court within 30 days of the decedent's death. If the will was filed with the Court, you can go there and look at it. Under CT law, executors have 60 days to file a list of asset with the Court, called an "inventory." Accountings are only filed when estates are closed. CT has a statute that...

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What are the rights of the surviving children when a parent, who has remarried, dies?

Under Connecticut law, if a person dies without a will and has children by a prior marriage, the children inherit 50% of the probate estate [solely owned assets that do not pass by beneficiary designation or under "transfer on death" or "pay on death" designations.) If someone has a will, there is no requirement of CT law that they leave any assets to their children. If you feel that you were left out of a will because your father "forgot" about you or if you believe that he did not have...

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I got a yes and a no answer last time. i'll ask again, do connecticut wills need to be notarized??

Hello: I'll try to elaborate a bit on my previous answer. The reason that lawyers use "self proving affidavits" on wills is to avoid being required to have the witnesses appear when the client dies. Without that affidavit, the court could demand the presence of the witnesses, or affidavits executed by them, to establish that the requirements of the Statutes were met when the will was executed. That "self proving affidavit" can be signed by either a notary or by a lawyer, acting as a...

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Removal of Trustee?

The answer depends in part on whether the trust was created under will or under agreement. If the trust was created under will, the Probate Court has jurisdiction to remove a trustee under Section 45a-242 of the CT Statutes. If the trust was created by agreement, there might be a way to bypass a court if the agreement provides a mechanism to remove trustees. Otherwise, you could go to court under the same statute. That statute essentially has two parts. The first part requires that the...

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How can I find out if I was a beneficiary or in my father's will?

When someone dies, the Probate Court has to notify his or her heirs if an application is made to open an estate. your half sister could have been asked by the lawyers for your address in order to have the notice sent to you. You can contact the Probate Court in the county in which your father lived to see if an application has been made to open an estate. If someone has filed an application with a will, you can ask the court for a copy of the will. If you're not satisfied with the...

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What kind of hard proof is needed to contest a will for undue influence?

It is generally very dificult to prove undue influence by direct evidence. Rather, it is shown by facts and circumstances surrounding the decedent at, or around, the time that he or she executed the will. The more that you can "pin badges of undue influence" on the alleged infuluencer, the better your case will be. Among these "badges," are creating a relationship of dependence or fear that the decedent would be abandoned; isolating the decedent from his family members; having the will...

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If I have a Power of Attorney from my wife, can I represent her in court if she is Pro Se on a civil suit to collect a debt.

Absolutely not ! ! The words "pro se" mean "for himself." You can speak for yourself in court, but not for anyone else. A power of attorney does not give you the right to represent someone in court unless you are admitted to the bar. Jeffrey L. Crown Trustlawyer, LLC 21 New Britain Avenue Rocky Hill, CT 06067 860-257-4330 www.trustlawyer.com

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TRUST DOC.

A "testamentary trust" is created by will. The terms of the trust are fully contained within the will. A will may direct that assets are to be distributed to one or more trusts created under trust agreements (inter vivos trusts). This type of provision is called a "pour over." I'm not sure whether you're dealing with a testamentary trust or an inter vivos trust. I'm a bit confused by the facts, but will try to give you some general principles of trust law. I respectfully disagree...

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