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Henry C. Weatherby
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Henry Weatherby’s Answers

232 total


  • Can and Executor provide funds to someone, not named as a beneficiary?

    Mr brother-in-law is an attorney and the Executor of his Aunt's estate (she died 5 years ago). I have four children (all over 21) named as beneficiaries in the estate, as well as, 6 others (who are all cousins). My brother-in-law (the Executor) ha...

    Henry’s Answer

    Based on the information provided in your question, it is extremely unlikely that there is any legal basis for a distribution by the executor to his brother from the estate assets in general. However, it seems strange that the estate would still be open 5 years later. I suspect that there facts missing from what you have furnished that may account for the intended action by the executor.

    It would be wise to seek the assistance of an experienced probate attorney to help you resolve this.

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  • Can I (LLC with S election) acquire/merge a C Corp and avoid double taxation going forward? If so, how?

    I currently have a single-member LLC taxed as an S corp. I wish to acquire a C Corp, but do away with its double taxation. The acquisition will be a stock sale. After the acquisition, can I either convert or merge the C corp into my S corp to have...

    Henry’s Answer

    The short answer is that you can not get the result you are seeking. Depending on the nature of the C corp operation (disregarding contingent liability issues) you are also not getting the best tax treatment by acquiring the stock of an operating company. This is a matter that you should seek the advice and involvement of an experienced business attorney and a CPA. All of the issues are far beyond what can ever be addressed in any online forum,

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  • How to protect the identity of officers / partners while still operating ethically?

    Is it possible to form a company with two Trusts (or other entities) as the members or officers? I would like to protect the anonymity of the partners of the company from the general public. Previously, I had formed an LLC and, over the years re...

    Henry’s Answer

    The short answer to your basic question, "Is it possible to protect the anonymity of the partners of a company in general public and to do so ethically?" Is yes. The best way to do that will depend upon a number of factors that are specific to the type of business a year attempting to conduct and who you would be conducting a with. You however would not use an entity formed in Connecticut Florida or Delaware if anonymity is one of your primary objectives.

    Please feel free to contact me at 860-769-6938 if you would like to discuss this further.

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  • In a probate contest, when a temporary administer is assigned by the judge, does that automatically means the estate pays the

    Temporary administrators bill?

    Henry’s Answer

    Yes the entire estate is liable for the all of the expenses of administration. The only exception would be if the decedent had a will that provided for specific distributions and also provide that those would be made without any of the expenses of administration for the estate.

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  • Can a lawyer be dragging her feet in probate?

    My aunt passed away over a year ago and her will was very cut and dry. 9 months ago all of her assets where liquidated and her house was sold months ago. The executor of the will confirmed it all was finished months ago. When I called the lawyer a...

    Henry’s Answer

    It is not possible to answer the questions you ask, because the information is to limited. You can check with the clerk of the probate court and find out the status of the matter. You can get a copy of the entire file if you want it. It is possible to petition of a hearing to determine the status and to seek to compel the executor to complete the estate settlement and distribution of the assets. I would concur with those who have already answered that you need to hire counsel to help you resolve this issue.

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  • The Administrator of the estate of my mother and brother in law, has not submitted a final accounting. It has been over 2 year

    Recently, we found out that the Administrator took monies from the descendant while having the Power of Attorney over him. What can we do?

    Henry’s Answer

    Based on your statement alleging that the Administrator abused his authority as an agent under the power of attorney; you can petition the probate court for an accounting of what he did as agent. If as Administrator he has failed to file the final accounting for 2 years, again you can petition the probate court for his removal and the appointment of a new Administrator. I would strongly suggest that you hire an experience probate attorney to assist you in this matter.

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  • I am the fiduciary of my fathers estate can I get in trouble for taking an early distribution of funds that will come to me

    I took an early distribution against my inheritance and now I am afraid I am going to get in some type of trouble

    Henry’s Answer

    Whether taking the distribution is problem for you depends on a number of factor that cannot be answered from the information provided. it would be necessary to read the will and or trust that is involved and determine what your rights are and what the proper timing would be. As has already been suggested you would be well advised to hire an experienced probate and trust attorney to advise you.

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  • I am on Social Security Disability and have a conservator. My question is when I reach retirement age. Do I need a conservator?

    Do I still have to have a conservator after my status changes to regular social security?

    Henry’s Answer

    Receiving Social Security disability has nothing to do directly with whether or not you have a conservator. To have a conservator the probate court had to determine that for some reason you are not able to manage her own finances in a satisfactory manner. Likewise, merely reaching retirement age and receiving Social Security retirement payments will not have an impact on whether or not you need a conservator. Generally, an individual who has a conservator to appointed to manage their affairs will have an attorney appointed to represent their interests. If you feel you do not need a conservator then you can always request the probate court to remove the conservatory and allow you to manage your own affairs without the involvement of the probate court or a conservatory.

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  • Distribution of assets after death when no will is written before death?

    I am married to a man who has 3 children from 2 previous marriages before me. Together we have 3 kids at the moment. He owns many properties on his name that he has bought during these years. I was wondering who will be the survivor of these prope...

    Henry’s Answer

    Assuming that the assets are owned only in his name then the property will pass under the Connecticut law of intestacy. Based on children from prior marriages the assets should be divided so that you, as spouse, inherits 1/2 of the assets and the children inherit everything else in equal shares. However, joint ownership with the right of survivorship will cause the assets titled in joint tenancy with survivorship to pass to the joint owner.

    You and your husband would be well advised to complete an estate plan to make sure that the family is provided for in the manner that is desired.

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  • Can I make a will so if I die first I can choose who ii leave my half of our joint monies to

    My husband and I now have a will which we leave all to the remaining one after the other one dies. We do not agree as to how things will be devided. I would like to make my own will leaving my half to whom I choose. Can I do this

    Henry’s Answer

    You have the right to make a will that leaves the assets that are controlled by a will to anyone you want without regard to what your husband does. However, you mention joint accounts. Accounts held in Joint Tenancy with right of survivorship (this is the most commonly the form of ownership when people say it is a joint account) will pass to the joint owner and will not be controlled by your will or your husbands will. for your will to have any effect if you should be the first to die you have to change the form of ownership to either your own name individually or to a tenant in common account.

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