Legal Question in Wills and Trusts in Connecticut
Question About Settling An Estate
My Mother recently passed away and left a simple will. She left stock to my sister,brother and myself in JT Ten. She left all other worldly goods to be dispersed as neccesary by my brother who is exectrix. Before her death she purchased a new mobile home but had not made any payments before her death. We would like our brother to take over the payments and have the home for himself. She left us each a CD jointly in her name and each of ours. She had no bank accounts, realestate or any other assets. Our question is what should we do? We have limited funds and need to find a reputable attorney in Connecticut in or around the Milford area. We have spoken to other attorneys and each one gives us a different scenerio. Boy, our we confused. Is there any one put there who can help?
2 Answers from Attorneys
Re: Question About Settling An Estate
I have a nephew who practices tax law in New Haven. You can contact him directly as [email protected]. The mobile home passes through probate and can be handled as part of the estate. You should check CT law, to see if they have a form of Disclaimer, which is a document that heirs can sign, which disclaims their interest in favor of another heir of equal status. Thus, 2 of you can disclaim in favor of the third. However, before this is done, I recommend that you have some written agreement on responsibility for the mortgage. The debt of the mortgage or lien against the home is a general debt of the estate, which is not transferred as part of a disclaimer. Without some written agreement, you could wind up giving the home to your brother, but still being responsible for the debt. His assumption of the debt must be approved by the lender, so be sure everything is in place before you sign over the home to him. This should be discussed with whomever you use as attorney for the estate.
Re: Question About Settling An Estate
Your question to Guru was flagged as pertaining to NY Law.
If your mother was a resident of NY when she passed away, or if she had property in NY, the Will may have to be probated in NY. If you need a NY attorney, just send me an email.
Best of luck.
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