Estates and Trusts

Is a Will Enforceable If It Was Drafted by A Relative in Connecticut?

If you are unsure whether a will was created by the person purported to have created it, you may choose to contest the will.  To contest the will, you will have to prove bias or fraud and will likely need to assistance of an attorney.  In this situation it would be best to consult an experienced Trusts and Estate attorney who can analyze the circumstances surrounding your doubt and tell you whether you have a case or not.

If you have any questions regarding estates and trusts in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Is a Will Enforceable If It Was Drafted by A Relative in Connecticut?

If you are unsure whether a will was created by the person purported to have created it, you may choose to contest the will.  To contest the will, you will have to prove bias or fraud and will likely need to assistance of an attorney.  In this situation it would be best to consult an experienced Trusts and Estate attorney who can analyze the circumstances surrounding your doubt and tell you whether you have a case or not.

If you have any questions regarding estates and trusts in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Do I Have to Pay Tax on Money Inherited in Connecticut?

Whether inheritance may be taxed depends on the specific facts of your case.  If the money was inherited from an estate outside of Connecticut, it may be subject to an estate tax from that foreign state.  Heirs are generally exempt from paying taxes on any inheritance in Connecticut.  It may be helpful to consult an experienced trusts and estates lawyer in Connecticut who has dealt with similar questions in the past and can educate you on the law.

If you have any further questions regarding trusts and estates in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Do I Have to Pay Tax on Money Inherited in Connecticut?

Whether inheritance may be taxed depends on the specific facts of your case.  If the money was inherited from an estate outside of Connecticut, it may be subject to an estate tax from that foreign state.  Heirs are generally exempt from paying taxes on any inheritance in Connecticut.  It may be helpful to consult an experienced trusts and estates lawyer in Connecticut who has dealt with similar questions in the past and can educate you on the law.

If you have any further questions regarding trusts and estates in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Can I Designate Someone Other than My Spouse As the Beneficiary of my 401k in Connecticut?

Yes, you may designate someone other than your spouse as the beneficiary of your 401k without your spouse’s consent.  Essentially, anyone can be designated as the beneficiary of your 401k whom you designate.  If your spouse is listed as beneficiary and you are interested in changing this to someone else, such as your children, this can be accomplished easily by an attorney.  Perhaps you would like to make the beneficiary of your 401k a trust in the names of your children, to protect the proceeds from your spouse.  There are also tax consequences to consider.  Many options exist, and an experienced attorney can educate you on these options and help you decide the best way to proceed.

If you have any questions regarding trusts or estate planning in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Can I Designate Someone Other than My Spouse As the Beneficiary of my 401k in Connecticut?

Yes, you may designate someone other than your spouse as the beneficiary of your 401k without your spouse’s consent.  Essentially, anyone can be designated as the beneficiary of your 401k whom you designate.  If your spouse is listed as beneficiary and you are interested in changing this to someone else, such as your children, this can be accomplished easily by an attorney.  Perhaps you would like to make the beneficiary of your 401k a trust in the names of your children, to protect the proceeds from your spouse.  There are also tax consequences to consider.  Many options exist, and an experienced attorney can educate you on these options and help you decide the best way to proceed.

If you have any questions regarding trusts or estate planning in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Is an Estate Planned in Another State 15 Years Ago Valid in Connecticut?

If the revocable trust that resulted from the estate plan was validly created 15 years ago, then the estate and trust should be entirely valid in Connecticut.  So long as the trust was validly created, there can be no way to satisfy the conditions for revocation of the trust.  If a trust is created in any jurisdiction that abides by United States law, then that trust is valid and recognized in any jurisdiction.  If you are interested in amending the trust, because it is being brought under Connecticut law and was created 15 years ago, you should consult an experienced trusts and estates attorney.  An experienced attorney will facilitate this process for you, and likely handles issues such as this regularly.

If you have any further questions regarding trusts or estate planning in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Is an Estate Planned in Another State 15 Years Ago Valid in Connecticut?

If the revocable trust that resulted from the estate plan was validly created 15 years ago, then the estate and trust should be entirely valid in Connecticut.  So long as the trust was validly created, there can be no way to satisfy the conditions for revocation of the trust.  If a trust is created in any jurisdiction that abides by United States law, then that trust is valid and recognized in any jurisdiction.  If you are interested in amending the trust, because it is being brought under Connecticut law and was created 15 years ago, you should consult an experienced trusts and estates attorney.  An experienced attorney will facilitate this process for you, and likely handles issues such as this regularly.

If you have any further questions regarding trusts or estate planning in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Who Can Find Out if Someone Has Power of Attorney in Connecticut?

There are numerous powers of attorneys to be had, depending on the context of your situation.  If a person assigns a power of attorney to a loved one, or a trusted party, they may retain a copy of that agreement.  It would be almost impossible for an uninvolved party to find out about the power of attorney in this scenario.  A power of attorney may also be executed by a person’s attorney, in which case it may have been distributed to relevant financial institutions or healthcare institutions, as well as to family members.  If you are concerned that someone does not have the authority they claim to have, you may ask to see the power of attorney document.  However, this does not guarantee that you will see the document.  A power of attorney is a personal document, not a public record.

If you have any further questions regarding estates and the law surrounding powers of attorney in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

How Can I Obtain Power of Attorney or Guardianship Over my Aging Father?

In order to obtain power of attorney over a parent, they must voluntarily grant it to you.  By having your father grant you power of attorney, it is assumed that he is of sound mind and competent enough to make that decision.  Guardianship, on the other hand, requires a showing that your father is mentally or physically incapable of making important decisions or of taking care of himself.  In order to obtain guardianship you would have to prove this to a court, which is difficult to do.  If you need to assert guardianship over a parent for their own well-being, then it may be best to consult with an experienced attorney that can educate you on the best and most efficient steps to take.

If you have any further questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.