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Scott D Rosenberg

Scott Rosenberg’s Answers

609 total


  • 94 year old refuses to stay in nursing home

    Nursing home States MIL is in a sound state of mind and are going to send her home. Physically she cannot take care of herself. Are there legal procedures I can implement?

    Scott’s Answer

    The patient's bill of rights and state law prevents a nursing home from discharging a patient without a care plan that needs addressing. Ordinarily, they also have to provide you with advanced notice which allows you to appeal the decision to a state arbitrator. If you want to handle the issue more proactively, You can contact the state's office of the Long-Term Care Ombudsman to assist with the issue.

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  • What is involved in obtaining power of attorney over an elderly parent?

    My sister and I are concerned that our father is suffering from dementia or possibly Alzheimers. He has myasenthia gravis which we believe has worsened his condition. He is extremely stubborn and refuses to allow us to help in any way. He lives by...

    Scott’s Answer

    It sounds like your father lacks capacity to execute a power of attorney at this point in time, and even if that was not the case, that he would refuse to sign one, anyway. The only real option in that instance is to apply for a conservatorship with the probate court. A conservatorship is a judicially-supervised fiduciary appointment that can allow you to manage the financial affairs and public benefits (conservator of estate) and/or housing and healthcare arrangements (conservatorship of person) for you father and even over his objections. Receiving a conservatorship requires significant evidence, including medical evidence, that he is unable to manage his affairs and make adequately considered decisions. You should speak with a local elder law attorney to determine if you have a good case and what procedures a conservatorship entails.

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  • Probate Distribution Check

    The Probate Distribution Check was made payable to my ex Attorney as Trustee. She dismissed herself from my case the day after the final accounting was approved by the judge. She is saying that she is going to cash the check and take out the money...

    Scott’s Answer

    If you object she ous not allowed to do it, but she can hold the disputed amount in escrow until the amount of the fee is resolved. If the fee is properly owingiyou should have no reason to object. If you have a problem with the fee, you can work it out with her, or you can use the Connecticut Bar Association's fee resolution program, which is free.

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  • CAN A TRUSTEE MAKE OUT A CHECK TO SOMEONE OR SOME INSTITUTION OTHER THAN THE BENEFICIARY

    MY BROTHER IN LAW IS TRUSTEE ON MY CHILDRENS TRUST ACCOUNTS

    Scott’s Answer

    The specifics of how money can be expended from a trust is governed by the language of the document itself, but there are many permissible reasons why checks would be written to payees other than the named beneficiary. Ordinarily, mandatory distributions would be made to the beneficiary, the legal guardian or representative of the beneficiary, or if either of them requests, to a third party. Discretionary distributions can ordinarily be made both to the beneficiary/guardian/rep as well as to third parties for services benefiting the beneficiary, such as a school or an insurance company. Lastly, the trust will be cutting checks for the administrative expenses of the trust - legal fees, accounting fees, taxes, and the trustee's reasonable fees for his own services, if allowed.

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  • What evidence (if any) do I need to sue my dad for access to my trust fund?

    have been trying to gain access for almost a year now, but I just turned 21 last week and (I believe) I am legally allowed to view the terms now that I'm "of age".. Problem is that he doesn't want to admit that there's a trust. I know they are con...

    Scott’s Answer

    Trusts are not confidential documents in any way with respect to their beneficiaries. At any age, you are entitled to a copy of the trust and to request details of available funding as a matter of law. You should speak to an attorney with further details if you believe you will need to ask to probate court to compel your father to produce the documents.

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  • Can I sign my interest in a reverse mortgage foreclosure, probate property over to the bank?

    My grandma passed away last year and left 25% of her estate to me after bills were paid. My mom had opened a reverse mortgage on grandma's house to pay for her care and the bank has started foreclosure proceedings in CT where the house was located...

    Scott’s Answer

    You're named on the foreclosure because as a technicality of Connecticut law, title in real estate vests in one's heirs/beneficiaries at the time they die, even though the probate process can interfere with those rights. You don't have an ownership interest in the house to sign over, based on what you have written, and you also have no obligation to do anything. The house should have been listed for sale by your mother a long time ago. Whether or not that's the case, if there is equity in the property and there has not been state aid in your grandmother's home care, the smart move is for her to arrange a quick sale prior to the foreclosure to pay the debt. If the estate would be insolvent (no home equity, or debts in excess of home equity and other assets), there's nothing at the end of the probate process for you to consider. In either event, it is your mothers issue to deal with, not yours.

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  • I am named executor in my brother's trust. As with the trustee, is my appointment automatic, or would I still be appointed .

    The trustee is in another state. A trust avoids probate, so am I an executor only if appointed by the court, or do I have any legal powers from the trust.

    Scott’s Answer

    The designation of an executor needs to be made in a Will or a Will amendment, called a codicil, which in CT must be witnessed by two people and be done with the intention to make a testamentary disposition. In all cases, when a will is submitted to probate, the court has to assert that the will is valid and formally appoint an executor or administrator. If your brother has a Will that names someone else as executor, his naming you in a trust ordinarily wouldn't change that. If there is no will or the will is silent, his statements in the trust would be sufficient for most courts to name you as administrator, unless someone objects or you are deemed to be not qualified. If there's a valid will naming someone else as executor, the trust would not cancel that designation unless it was written, witnessed by two people, and the attestation clause had specific statements that he intended to "make or alter" a will in the sections dealing with his estate.

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  • I am trustee of a house that is 50% in trust and owned by 6 people. 3 owners won't sign P&S agreements.

    1 owner wants to be reimbursed for money he spent while living in the house, during a time he was making offers to purchase the house. I agreed to paying some money at the sale, but other expenses were not consented to and for personal gain. They ...

    Scott’s Answer

    As the trustee you can move for partition unless the trust directs otherwise, and an independent buyer will pay full price without any offsets. These expenses ordinarily would not be reimbursible in the absence of a contract or promise from the coowners. If they are major expenses that significantly increase the sale price, he might have an equittable claim on the price increase, but not on his cost.

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  • Tax Clause in a Will

    Is having a Apportionment clause in a will Worthless after Bunting V. Bunting (Connecticut)? Or is this now "the law of the land"?

    Scott’s Answer

    Bunting is valid law on apportionment,* but it in no way means non-apportionment clauses are worthless. Bunting is very much a fact-specific case, where the clause itself was fine, but mistakes of fact by the decedent and his attorney established that the words written were not intended to apply to all of the property it could have. If it seems like the courts went out of their way to limit the clause, it's only because beneficiary with deep pockets hired lawyers to dig deep for evidence make every conceivable esoteric argument, and one of them held weight.

    *the case law on joint accounts has departed significantly in the past couple of years from how it's handled in part III of this decision.

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  • Mother died intestate. Step-father is fudiciary. What right does stepson have to inheritance from Mother's estate.

    Mother drafted a will, but never made it legal

    Scott’s Answer

    Step-father will get half the estate, and the remaining half will be divided among her descendants...how much the son gets depends on how many siblings he has. Note also that any accounts or real estate that is held jointly or in survivorship with the stepdad, or of which he is designated a beneficiary, is not part of the probate estate and is ordinarily his completely.

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