Connecticut Probate Courts are intended to help resolve certain issues. Sometimes things just go wrong.

Rose Quattro is 88 years old. She lives with her son in East Hartford. Unfortunately Rose developed a medical condition and required a short term stay at Haven Health Center of East Hartford. Rose’s son had some disagreements with the nursing home. In response, the nursing home petitioned the probate court to appoint a conservator for Rose.

The probate court appointed a conservator for Rose as well as an attorney to represent Rose. The probate court also appointed a guardian ad litem.  That is three attorneys suddenly involved in Rose’s life and billing her for their time.

So what is the controversy? Rose’s attorneys are responsible to make sure that Rose can take care of herself. They have to be sure that her son is not taking advantage of her potentially vulnerable condition. In order for the court to receive information necessary to decide if Rose can adequately act on her own without legal representation there need to be court hearings. And more hearings. And more hearings. This adds up, especially when you have anywhere from three to five attorneys all billing you for the same hearing.

Does Rose need all these attorneys and probate court involvement? I don’t know. They may be protecting Rose or they could be draining her assets in a pointless exercise. I do know that this is not what Rose wants, and that is what I consider important.

Rose probably never imagined she would end up with five attorneys in the local probate court, and you probably think it will never happen to you or your family also. It can, and it does happen. Can you avoid it? Not entirely, but you can minimize your risk to ending up in this situation with a functional Connecticut estate plan.

Source: Shameful Abuse of Probate 

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I work with a lot of families to design their Connecticut estate plan. An important part of my role in that process is to protect my client’s estate plan from probate litigation when it ultimately comes time to administer the estate plan. Some clients understand and appreciate the risks of potential family turmoil when they are no longer able to resolve the turmoil. Other people I meet with think they are immune from family conflicts ending up in Connecticut Probate Court. Nobody is immune.

Let’s look at the case of George A. Smith, IV. He disappeared on a cruise ship in 2005. His probate estate is ongoing in the Greenwich Probate Court. Jennifer Hagel Smith is George’s widow and Administrator of the estate.

The Administrator reached an agreement with the cruise line for a settlement of $1 million. George’s parents do not agree with the settlement and are objecting to its approval by the Greenwich Probate Court. They would rather pursue a wrongful death civil lawsuit against the cruise line.

Here we are: George passed away unexpectedly; the Probate Court appointed his wife as Administrator which may or may not have been his wish (we don’t know since it seems George never prepared any estate plan); and George’s wife and parents have different opinions on how to handle a significant issue in the administration of the estate. This all leads to George’s loved ones battling each other in Probate Court hearings and probably throwing mud at each other to win their case.

I bet George never expected his loved ones to be in this kind of conflict and turmoil, nobody does. But it does happen and you can help avoid it with a well crafted estate plan that communicates your wishes and stops the people left behind from wondering what your goals are.

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Many people have asked: “what do probate courts do in Connecticut?” Today we are going to take a look at the types of matters that bring people into the Newington Probate Court.

Connecticut Probate Courts are responsible for many matters concerning trusts and estates. Some of these matters include:

• probating wills and the administration of estates;
• supervising the administration of testamentary and living trusts;
• determining title to real and personal property; and,
• determining the meaning of language in wills and trusts.

Connecticut Probate Courts are also involved in matters concerning Conservators, Guardians, and Commitment. Some of these issues include:

• appointing guardians for persons who are mentally retarded;
• approving sterilizations and placements of persons who are mentally retarded;
• appointing a guardian of the estate or person for a child;
• for persons with mental illness and/or for persons who are incapable of managing or administering their own affairs, appointing conservators of the person and the estate; and,
• committing those suffering from severe mental illness to an appropriate facility.

The Newington Probate Court works closely with local facilities such as Bel Air Manor, Jefferson House, Newington Health Care Center, and the Wethersfield Health Care Center to assist the residents of those facilities in protecting their legal rights and obtaining the care they need.

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