When a person dies the family usually meets to decide whether they need legal assistance to handle the estate of the deceased person. In Connecticut we have a system of local Probate Courts that are in charge decedent’s estates. Although these Courts may provide some assistance when you need advice, there are many decisions that must be made, and deadlines that must be followed, in order to properly administer the estate. We suggest that you contact our firm for advice if a loved one dies so we can explain what type of Probate filing is necessary, a fully Probated Estate with the appointment of an Executor or Administrator, or a shorter version called Administration In Lieu of Probate for estates without solely owned real estate and solely owned asset totaling less than $40,000.
This initial decision will determine how much work is involved and whether it would be better to have an attorney handle the matter for you. Both Robert S. Stanek and Joseph R. Crispino have many years of experience in handling both large and small estates. We also have a paralegal who specializes in Probate work and she will be available to answer any of your questions or concerns. Our fees vary depending on the size of the estate and any complications. We can discuss them with you during your initial consultation. We are also prepared to advise you regarding the handling of any out of state assets that need to be probated.
The immediate family of a deceased person, or the fiduciary appointed in a Will, may choose who should be the attorney for the estate. If the estate is not properly administered it may cause serious problems and a need to do remedial work in the future.
Many people now have Irrevocable Trusts that they believe relieve them of the need to probate an estate. Usually, that is not correct. The Trust will need to be filed with the Probate Court in most cases so that real estate can be properly distributed. Trying to bypass the Probate Court system may also cause more problems in the future.
We are also experienced in matters requiring the appointment of a Conservator for an incapacitated person. The Probate Court has exclusive jurisdiction when there is such a need. The statutory requirements for being a Conservator of the Estate or Person are extensive. Anyone who has a family member or friend who needs to have a Conservator appointed needs to have an experienced attorney involved from the beginning. Please consider our firm and we can advise you.