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...
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...
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...
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
21 New Britain Avenue
Rocky Hill, CT 06067 860-257-4330
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...
This is what's called a "power in trust." It generally applies when assets are otherwise distributable outright to a minor. What is means is that, although the minor is the legal owner of the assets, the trustees or executors have the authority to act for him or her.
Lawyers should learn to draft in plain English. We do.
I hope that this helps
Jeffrey L. Crown
21 New Britain Ave.
Rocky Hill, CT
I am assuming that your grandparents did not have wills. If that is the case, then any assets that they owned which did not pass to named beneficiaries would be distributed under the intestacy statute.
That statute provides that your grandparents' assets would be divided up into as many equal shares as they have living children + deceased children who themselves have children or grandchildren. Each living child would receive one share. The children of a deceased child divide their parent'...
I presume that you mean that your brother is "executor" of your surviving parent's estate. In Connecticut, unless the will gives him the authority to sell real estate without court approval [a common provision in CT wills], an executor has to file a motion in the Probate Court in order to sell real property.
An executor must list all of the estate assets on an Inventory filed in the Probate Court. If you feel that the executor has not listed all of the assets, or that the values are...
In Connecticut, there are certain items that are have a priority. Those include funeral expenses, attorney fees and expenses of last illness. These priority items come ahead of other estate expenses. All proper claims and expenses, not just priority items, come before distributions to beneficiaries.
I hope that this helps.
You said that the person died in Florida. I'm assuming that he or she lived in Florida and his or her only connection with CT was owning real property here. If this is so, the personal representative (executor) will have to open an "ancillary estate" in CT. This means filing the will in the Probate Court and making an application for admission of the will in CT. A CT inventory and estate tax return are also required, although no tax would probably be due.
We've done several ancillary...