Legal Question in Wills and Trusts in Connecticut

Re: joint property rules

Just because you moved out doesn't mean what was left became his alone. You can still claim that it was owned jointly (just like the house) half of it being yours. There's no deed as there is with the house, proving the joint ownership, but you could certainly make that argument to the Probate Court, and my guess is that the Court would agree with you. You could also make a claim against the estate (watch out fot the running of the claims period) for the work you performed which benefitted the estate. The funeral arrangements, etc., would probably be considered as being done out of "love and affection", so you probably wouldn't get away with billing for that, but packing up and disposing of the personal property (furniture, etc.) is something you could bill for (half, anyway. After all, it's half yours). It would seem to me the lawyer would go along with this, as it's reasonable (bill at, say, $25 per hour). The problem, of course, is that it can get expensive to duke it out. You're in AZ, but the lucky part is the bro is in CA, so a fight would cost him as well. I'd stand up to the lawyer, and make him a reasonable offer, and see what happens. Don't forget to file the claim against the estate within the claims period.

Re: joint property rules

If the house was titled in Joint Tenancy, with right of survivorship, then the house is your sole property as the surviving joint tenant. This occurs by operation of law, outside of probate, and you should record a copy of the death certificate in the county where the land is located.

With regard to the furniture and furnishings, you should be able to prove that you had an agreement with your deceased husband that this property was jointly owned and thus, only half of the proceeds from liquidation would belong to the estate. I believe that the costs of liquidation should be deducted from the gross monies received and then you would split, 50/50 the remaining sum. If the representative of the estate, the executor, agreed that you should liquidate the property, then you can and should make a claim for a reasonable amount, and must do so on a timely basis. You should work with the brother/executor, and let him deal with the attorney, who after all represents the executor.

Whether or not you can obtain reimbursement for travel costs, hotel and other expenses, that is another question, because unless the decedent provided that your expenses should be paid to attend his funeral, I do not think that those expenses can be charged to the estate, however, a portion of those expenses may be considered as part of the liquidation expense, if reasonable to do so. The costs of removing the decedent's property is a proper claim against the estate and not your cost because you are the surviving joint tenant. Just because you left items in the house does not negate an agreement that this was joint property and that upon sale, 1/2 the proceeds would be yours or that if you moved into a house, that you could then take 1/2 of the property to AZ.

Again, talk with the brother and work out a satisfactory deal, and then have him tell the attorney what he has agreed to do and get the probate court's approval.