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How Is A Conservator Appointed?

The Probate Court decides whether to impose an involuntary conservatorship.
The Probate Court decides whether to impose an involuntary conservatorship.

Part I: Involuntary Conservatorships

A conservatorship is a serious legal remedy.  It strikes at the heart of a person’s natural right to self-determination, and it abridges the freedoms endemic to citizens of the United States.  Connecticut permits involuntary conservatorships, temporary conservatorships, and voluntary conservatorships.  This article is Part I of a three part series on the process of appointing conservators in Connecticut.  It explores how Connecticut’s Probate Courts determine whether a conservatorship is necessary.

Under the Fourteenth Amendment to the United States Constitution, “No State shall…deprive...

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Soooo… What’s a Conservatorship?

The Probate Court may appoint a Conservator to handle the affairs of an incapable adult.

A conservatorship is a legal arrangement in which one person or organization is appointed to manage the financial affairs and/or daily life of another person.  The conserved person must be incapable of caring for himself or his property.  In Connecticut, the Probate Court has the authority to name a conservator.  This article explores the type of conservatorships available in Connecticut, as well as the responsibilities of a conservator toward the conserved person.

Types of Conservatorships

There are two forms of conservatorships in Connecticut.  While a conservator of the estate manages the property of a conserved person,...

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Guardianship or Conservatorship? What’s the Difference?

Guardianships and conservatorships are two ways the Probate Court supervises protected persons.

Guardianships and conservatorships are methods of administering the affairs of “protected persons.” A protected person is someone judged by the Probate Court to be unable to manage his property or needs.  The Probate Court has jurisdiction over both conservatorships and guardianships. It has the right to determine the title, right to use, and right to possess any real property or personal property belonging to a minor in a guardianship or an adult in a conservatorship.

Guardianships and conservatorships are similar in many ways, and laymen often use the terms “guardian” and “conservator” interchangeably; however, there are some important differences. In Connecticut, a guardian...

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What Is A Charitable Remainder Trust?

A charitable remainder trust is an overlooked planning tool for charitably-minded individuals.

A charitable remainder trust is an often-overlooked estate planning tool for persons with charitable (or tax-planning) goals who fear losing the use of assets during life. This article provides an overview of charitable remainder trusts for planning during life and after death, outlining the flexibility, risks, and tax benefits of the trust.

Like all trusts, a charitable remainder trust involves the transfer of assets to a middleman, called the trustee. The trustee distributes the assets to persons (or entities) known as beneficiaries. A charitable remainder trust has two categories of beneficiaries. The “life” beneficiary is often the donor (the person creating the trust and contributing...

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What Happens to Your Property if You Die Without an Estate Plan?

If a person does not have an estate plan, the laws of intestacy determine how property is distributed.

Connecticut residents have a default estate plan.  It is codified in a set of statutes known as the laws of intestacy.  These laws determine who is entitled to inherit the deceased’s property.  Generally, the distribution of property depends on whether a person was married, had children, or had living parents.  Intestacy—the default estate distribution schematic—can be modified through estate planning.

 

Scenario 1: Single—No Children—Living Parents

The estate of an unmarried decedent without children would pass entirely to his parents.

 

Scenario...

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Should You Have a Will or a Revocable Living Trust?

A workable estate plan requires a will or revocable living trust as an "anchor" instrument.

It’s the fundamental question that arises in estate and legacy planning.  Should I have a will or revocable living trust?  The answer to this question is crucial to estate planning.  Its answer informs the very building block of a workable plan.  Your goals—whether asset protection, Medicaid planning, business continuity, spousal protection, etc.—cannot be addressed until you have reached a decision on your plan’s “anchor instrument.”  Every estate plan is anchored by a core document from which other components of the plan proceed.  This instrument is either a will or a revocable living trust.  This article explores the pros and cons of each type of plan.

Many people...

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Estate Property: Probate or Non-Probate?

Last Will and Testament
A Last Will and Testament is a method of devising probate property.

An estate plan is not a stack of documents.  At its heart, estate planning involves arranging one’s property and affairs for use during life and disposition after death.  A person’s “gross estate” generally includes two types of property: probate and non-probate.  This article provides a brief overview of these two approaches to property distribution after death.

Probate property refers to assets that must pass through the Probate Court system before being distributed to heirs.  A probate case begins when a person (usually a potential heir of the deceased) asks the Court to open a proceeding for the administration of a decedent’s estate.  The Court will...