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Wills & Probate Issues

 

 

 

Manchester, Connecticut  Wills & Probate Attorney

Law Offices of Irene C. Olszewski, LLC

The information presented here is only meant to offer a brief guide to the law in Connecticut.  It is not and should not be construed as legal advice nor is it intended to form an attorney/client relationship.  Questions about your individual circumstances should be discussed with a licensed attorney.  A Connecticut Wills and Probate lawyer at the Law Offices of Irene C. Olszewski, LLC is available to assist you. 

Please scroll down the page to access specific information on:

bulletWills
bulletDecedent's Estates
bulletConservators
bulletProbate Resources

Last Will & Testament

The surviving spouse of a married person who dies without a Will has statutory rights to some or all of the decedent's estate, while the surviving spouse of a decedent who dies leaving a Will which leaves the estate to a person or persons other than such spouse has the right to a life use of one third of the estate. There are also provisions for interim support for married spouses while a estate is being settled, including financial advances from the estate, and the ability for the married spouse to remain in the decedent's home.

If a decedent dies without a Will the probate court has jurisdiction to grant the power for someone to administer the estate. Connecticut lists those to whom such a right can be granted. They include:

A) The surviving spouse,

(B) any child of the decedent or any guardian of such child as the court shall determine,

(C) any grandchild of the decedent or any guardian of such grandchild as the court shall determine,

(D) the decedent's parents,

(E) any brother or sister of the decedent,

(F) the next of kin entitled to share in the estate.

 

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Download our free brochure "Common Questions Regarding Wills"  (.pdf file requires Adobe®Reader®).

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Connecticut General Statutes Title 45a, Chapter 802a:  Wills: Execution & Construction 

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American Bar Association's "An Introduction to Wills"

 

If you wish to have control over the distribution of your probate estate upon your death, you should consult a licensed attorney about drafting a Will.  A Connecticut wills and probate lawyer at the Law Offices of Irene C. Olszewski, LLC will be happy to assist you.  

 

 

Decedent's Estates

The term "decedent" refers to a person who has died.  Whether a person dies with a Will (testate) or without a Will (intestate), the settlement of the decedent's estate comes under the jurisdiction of the Probate Court in the town in which the decedent last resided.  

If a decedent has left a Will, he or she has likely named an executor/executrix, who will have the responsibility of administration of the decedent's estate.  If the decedent has not left a Will, the Probate Court will appoint a person to serve as administrator/administratrix of the decedent's estate.   Either way, there are specific procedures that must be followed for the administration of a decedent's estate.   A Connecticut probate lawyer at the Law Offices of Irene C. Olszewski, LLC may be able to assist you in that process.  

 

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Connecticut General Statutes Title 45a, Chapter 802b:  Decedents' Estates 

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Guidelines for Administration of Decedents' Estates  (.pdf file requires Adobe®Reader®).

 

If you are the executor/executrix named in a decedent's will or if you wish to probate the estate of a person who has died without a will, The Law Offices of Irene C. Olszewski, LLC may be able to assist you in handling the decedent's estate.  

The Law Offices of Irene C. Olszewski, LLC is also available to handle Connecticut probate matters such as conservatorships, guardianships, and related matters.  

 

Conservators

A conservator is someone who is appointed by the Probate Court to manage the personal and/or financial affairs of an individual who has become incapable of handling such matters.  A Conservator of the Person manages an incapable individual's personal needs, such as housing, food, clothing, medical needs and other related matters.  A Conservator of the Estate manages an incapable individual's financial affairs and assets so that no "waste" occurs. 

There are two categories of conservators:  voluntary and involuntary.

An individual who has not been deemed by the Probate Court to be legally incapable may petition the Court to appoint a Voluntary Conservator of the Person and/or Estate.  For example, a person who suffers from vision loss may need assistance in paying monthly bills.  Such a person may want the assistance of a conservator to manage his or her affairs.  There are a variety of reasons a person may request a voluntary conservator:  for example, an elderly person who requires assistance but does not have immediate family in the local area may need regular assistance with paying bills and managing daily living needs.  A person with no surviving family members -- or one with family members he/she does not trust -- may wish to request the services of a conservator. 

If a person is diagnosed by his/her physician with a memory impairment condition such as dementia or Alzheimer's disease -- or by his/her psychiatrist to be suffering from a mental disorder such as schizophrenia -- the services of a conservator may be required.  Under such circumstances, when the individual is incapable of caring for and speaking for himself or herself, a petition for an Involuntary Conservator may be filed with the probate court for the appointment of a conservator of the person and/or estate. 

For more information on the role of a conservator or to request the services of a Connecticut conservator, please contact the Law Offices of Irene C. Olszewski, LLC.

 

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Guidelines for Conservators (published by the Connecticut Probate Court Administrator) (.pdf file requires Adobe®Reader®).

 

Useful Probate Resources

 

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Connecticut Probate Courts & Procedure  Conn. Gen. Stats. Title 45, Chap. 801-803a

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Short Form Power of Attorney Act   Conn. Gen. Stats. Title 1, Chap. 7, Sec. 1-42, et. seq.

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Durable Power of Attorney    Conn. Gen. Stats. Title 45a, Chap. 802e, Sec. 45a-562, et seq.

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Springing Power of Attorney   Conn. Gen. Stats. Title 1, Chap. 7b, Sec. 1-56h, et seq.

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Watch for additional resources.

 

bulletFor more information on your legal rights, contact a Connecticut wills and probate lawyer at the Law Offices of Irene C. Olszewski, LLC.

 

Please click on the links below to explore the areas of interest to you:

Advance Directives            Power of Attorney

Wills & Probate Links

 

 

Contact a Connecticut Wills and Probate Lawyer

 

Law Offices of Irene C. Olszewski, LLC

21 East Middle Turnpike, Manchester, Connecticut 06042

Telephone:  (860) 432-7293      Facsimile:  (860) 432-7294

e-mail:  irenelaw1@aol.com

 

 

The Law Offices of Irene C. Olszewski, LLC handles legal matters for clients throughout the state of Connecticut including Hartford County, Tolland County, Middlesex County, New Haven County, New London County, Litchfield County, Windham County, and Fairfield County. 

 

 

Links marked ".pdf" require the free downloadable program Adobe®Reader® to view.  Please note that .pdf files may take a few moments to load. 

 

Disclaimer:  This website is for informational purposes only.  It is not intended to be and should not be construed as legal advice.  Use of this website and/or the information contained on this website is not intended to create an attorney-client relationship.  All legal questions should be addressed to a licensed attorney.      

 

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Manchester, Connecticut Wills & Probate Lawyer

Connecticut Conservator

Law Offices of Irene C. Olszewski, LLC

Send mail to irenelaw1@aol.com with questions or comments about this web site.
Copyright © 2004-2008 Law Offices of Irene C. Olszewski, LLC
Last modified: 05/01/2008

 

   

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