Jeffrey L Crown’s Answers

Jeffrey L Crown

Rocky Hill Trusts Attorney.

Contributor Level 12
  1. Will/Trust

    Answered over 3 years ago.

    1. Christopher G Brown
    2. Jeffrey L Crown
    2 lawyer answers

    Atty. Bowen is correct. This type of provision is commonly referred to as a "spendthrift clause." In Connecticut, this clause does not necessarily insulate the trust assets from claims of creditors. Section 52-321 of the CT General Statutes provides three ways to create a spendthrift trust. They are: where the trustee can withhold income from a beneficiary, can accumulate the income of the trust or where the trust is "expressly given for the support of the beneficiary or his family....

  2. Trust

    Answered over 3 years ago.

    1. Scott D Rosenberg
    2. Jeffrey L Crown
    3. Robert Jan Suhajda
    3 lawyer answers

    If you mark your last 1041 "final," you probably will hear from the IRS again. The number will not be re-issued.

  3. Trust question

    Answered over 3 years ago.

    1. Jeffrey L Crown
    2. Scott D Rosenberg
    3. Steven J. Fromm
    3 lawyer answers

    Under general common law principles, a trustee must give equal weight to the interests of the current beneficiaries and those who take after them {"remaindermen]. Some trusts provide that the trustee may consider the current beneficiaries as "primary. A lot of the trusts that i draft, especially those for surviving spouses, provide that the trustee need not consider the remaindermen's interests in making distributions to the current beneficiaries. You should contact a CT estate and trust...

  4. Trust

    Answered over 3 years ago.

    1. Jeffrey L Crown
    2. Scott D Rosenberg
    2 lawyer answers

    I don't know if I understand your question, but I'll try. A testamentary trust is created by will. There is no separate trust instrument. The terms of the trust are in the will. The trusts could have been created by will for your grandfather for life and then continuing as three separate trusts. Each of those trusts would have a separate TIN and would only have been created at your grandfather's death. Another possibility is that the will directed distribution to a trust created under...

  5. Termination

    Answered over 3 years ago.

    1. Jeffrey L Crown
    2. Scott D Rosenberg
    3. Alan James Brinkmeier
    3 lawyer answers

    The Connecticut Supreme Court established three criteria which have to be met in order for a court to terminate the trust "early." * All the parties of interest unite in seeking termination. [It can't be a "majority" and has to include future beneficiaries as well as present beneficiaries]. * Every reasonable ultimate purpose of the trust has been accomplished. * No fair and lawful restriction imposed by the settlor [the creator of the trust] will be nullified....

  6. Trust

    Answered over 3 years ago.

    1. Jeffrey L Crown
    1 lawyer answer

    Generally, a person who wants to contest a provision of a trust, compel the trustees to file an account, remove a trustee, etc., has to bear his own counsel fees. If a court finds that a trustee acted improperly, it may order a "surcharge," ordering the trustee make restitution to the trust fund, not to the beneficiaries individually. In some circumstances, a person bringing a proceeding against a trustee may be reimbursed for his counsel fees from the trust fund if a court decides that his...

  7. Heirs

    Answered over 3 years ago.

    1. Daniel Robert Hamad
    2. Jeffrey L Crown
    3. George D. Greenberg Esq.
    3 lawyer answers

    As Atty. Greenberg noted, "heirs" are those people who would receive a deceased person's solely owned assets if he or she did not have a will or if the will did not dispose of those assets. Under Connecticut law, a person's "heirs" are first his or her spouse and children. I'm assuming that your grandfather was not survived by a spouse. That would make his children his "heirs." If a child pre-deceased your grandfather, then that child's children, would step into his or hers shoes and become "...

  8. Trust

    Answered over 3 years ago.

    1. Jeffrey L Crown
    2. Smilie Gregg Rogers
    2 lawyer answers

    There is a rule of trust law that "a trust will not fail for lack of a trustee." If the trust was created by agreement, then the document may provide for a mechanism of replacing the trustee. If there is no method specified, or if it is impossible to adhere to it, a court can replace the trustee. If the trust was created by will, a probate court can deal with this issue. Jeffrey L. Crown Trustlawyer,LLC 21 New Britain Ave. Rocky Hill, CT 06067 860-257-4330 www.trustlawyer.com...

  9. Accounting of Trust

    Answered over 3 years ago.

    1. Jeffrey L Crown
    1 lawyer answer

    Section 45a-175 of the Connecticut General Statutes provides that a beneficiary of a trust may request that the probate court order the trustee to provide an accounting. This is discretionary on the part of the court. They may order the trustee to account, but do not have to. This applies to trusts under agreement except, in most cases, revocable trusts while the grantor is alive. Trustees of all trusts created by will must account in the probate court. I hope that this is helpful....

  10. Probate hearing

    Answered over 3 years ago.

    1. Henry C. Weatherby
    2. Jeffrey L Crown
    3. Steven J. Fromm
    3 lawyer answers

    I agree with Aty. Weatherby. You should obtain a competent estate and trust lawyer to represent you. Because a status conference is "informal" doesn't mean that you should go into it unarmed. Jeffrey L. Crown Trustlawyer, LLC 21 New Britain Ave. Rocky Hill, CT 860-257-4330

Plain English explanation. "No surprises" billing.

860-257-4330