Legal Question in Wills and Trusts in Connecticut
My rights
My husband has terminal cancer and has been told that there is nothing more they can do for him, he wants to make sure I receive all the money him and I saved and sold assets for.
We are both on the credit union savings acct, should we separate the accounts and put them in my name only, so that I will access to them as soon as he passes away? I will need the money to pay the mortgage until I sell the house. People are telling me that if it is in both our names it could get tied up in Probate and I will not be able to pay the mortgage in time and the house will be taken from me before I have a chance to sell, which is what we have decided for me to do, because I can't afford it on my salary and I would not want to stay he without him.
There is alot of money in the savings that I got last year from Aflac when I had breast cancer. We are also in the process of saleing a antique car and motorcycle, both in excellant condition that will bring good money.
Thanks for the help.
1 Answer from Attorneys
Re: My rights
You can leave it in the joint account. It will pass to you directly upon his death, no tie up in probate. Same with the real estate (assuming it's in both names). You'll have to get a certificate of no tax from the probate court to sell the house, but that's not a big deal, and not expensive. Call me (I'm in Hartford) when the time comes. (For some stupid reason I can't put my telephone number in this reply, but I'm in the book.)