Probate and Trust Management

 

Did you just receive an appointment from a Connecticut Probate Court or were you just appointed as a Trustee, Conservator, Guardian of the Estate of a Minor, Executor, or Administrator? Have you been serving as a fiduciary and want to relieve some of the pressure? These are serious fiduciary responsibilities which could cause many headaches if mishandled. At Allinson & Associates, LLC, we have served hundreds of times as fiduciaries under orders of the court and pursuant to trust designations. Whether is new to you or something you have done for years, we are happy to help you with understanding your role, interpreting documents, or relieving the responsibility by serving at your direction. With the to secure a high level bond due to our highest level of credit rating, we can manage your estate, trust, or other fiduciary duties for you.

 

Probate courts have jurisdiction over many areas of daily life. Many people believe that the Probate Courts only handle the administration of estates and wills, but they do much more. Whether you need to appoint a conservator, request a commitment, apply for a change in parental rights, become a guardian for the mentally handicapped, apply for a name change, or have any other probate concerns, Allinson & Associates, LLC can help. The Probate Court can help to resolve your personal and private issues with the elderly, children, and people with mental disabilities or illnesses. Please contact Allinson & Associates, LLC for assistance in any Probate Matter.

 

Please let us assist with your:

• Conservatorship

• Guardianships of a Person with an Intellectual Disability

• Fiduciary Responsibility

• Trustee Duties

• Name Changes

• Commitment and Mental Health Matters

• Children’s Probate Matters such as:

• Temporary Guardianships

• Removals of Guardians

• Terminations of Parental Rights

• Adoptions

• Visitations

• Reinstatements

 

 

 

 

 

 

 

 

 

 

 

Conservatorship

A Conservator is a court appointed individual authorized to make certain decisions on behalf of a conserved person. Generally, there are two types of conservators, a conservator of person and a conservator of estate. A conservator of person is appointed to make decisions regarding the everyday life and health for a person who is unable to make his/her own decisions. A conservator of estate is appointed to make decisions regarding financial matters for a person who is unable to make appropriate financial decisions.

 

With a conservatorship, the court appointed conservator has a duty to report to the court regarding the conserved person’s health and finances.

 

To avoid a conservatorship, there are a few things that can be created in advance:

 

A durable power of attorney, in which the client appoints someone for financial decision making as well as the appointment of a healthcare representative in which the client chooses a representative to communicate medical decisions for him or her. Additionally, you or your loved one can state who you would like to serve in the event a conservator is needed. This document is called a Designation of Conservator.

 

With some planning ahead, it is likely that a conservatorship can be avoided, and in the event that one is needed, you can ensure the court appoints whomever you chose.

 

 

Guardianships of a Person

with an Intellectual Disability

Caring for someone with special needs can be very difficult. In Connecticut, when a person with special needs reaches the age of eighteen (18), he or she is legally an adult. This means that to care for your loved one and make important decisions, you need to be appointed by the Probate Court. Otherwise, you will have no legal authority to make decisions for your loved ones.

 

Whether you need to help with residential, medical, educational, vocational, financial records, or other decisions to promote the independence of your loved one, a certificate of appointment is required in Connecticut. At Allinson & Associates, LLC, we can help you through this process whether it is a new application or problems arising in your existing application. Please call us today!

 

 

 

Fiduciary Responsibility

A fiduciary is a person that owes a legal duty to another. Connecticut places specific responsibilities on fiduciaries that if breached, can result in serious problems. Whether a power of attorney, guardian, trustee, conservator, administrator, executor, or any other fiduciary, you must know your responsibilities. A breach of fiduciary duty is a civil action lawsuit that can be brought against any fiduciary that does not perform their duties properly. Additionally, depending on the type of breach, these actions may also have criminal consequences. In other words, if a problem occurs, you may be personally liable.

 

If you are a fiduciary, please call us today. Do not risk the probate court, superior court, or the police knocking on your door. Whether you need a quick question answered or a full guide throughout the course of your duties, we can help.

 

 

Trustee Duties

As a trustee, you have certain fiduciary responsibilities in Connecticut. First and foremost, you are required to follow the letter of the trust document that appointed you. However, these documents are generally long and confusing. They are rarely clear and may include in practical terms for discharging your duties.

 

Please call us to review any trust that you may have. It is impossible to serve as trustee without knowing the terms of the trust. Additionally, there may be alternate methods of doing your job available to you that are not set forth in the document.

 

If you are appointed as a trustee but no longer wish to serve, there are often requirements for resignation. At Allinson & Associates, LLC, we can not only help you through this process, but if you choose to do so, we offer fiduciary services and can step in as trustee. We are fully bonded and insured to manage a trust of any size, so please call us today!

 

Name Changes

Connecticut law provides several ways that a person can change his or her name. Additionally, in some cases, a parent can change the name of his or her child. Whether it is an inconsistency on the identification documents, or a request for personal reasons, our attorneys can help. This process requires several forms and application to your local probate court. Our lawyers will walk you through the process quickly and comfortably.

 

Commitment and Mental Health Matters

In Connecticut, there are very few Attorneys that have a lot of experience in commitment and mental health matters. Additionally, there are very few facilities where a person can be committed. Regardless, this process can be difficult and confusing. There are different requirements regarding applications, recordings, filings, and appeals.

 

Whether you wish to contest, advocate for a commitment, or dispute the actions of the facility where your loved one is committed, you need experience and understanding. At Allinson & Associates, LLC, we regularly handle these matters and have been doing so for many years. Call us today!

 

Children’s Probate Matters

Children’s Probate Matters in Connecticut are often adjudicated at the Probate Court. These matters are very involved and can be confusing to manage alone. Below is a description of many of the children’s probate matters. However, if you are in any of these processes, or are in need of help from the probate court, call us at Allinson & Associates, LLC today!

 

 

Temporary Guardianships

A temporary guardianship in Connecticut is an application for an individual who is NOT the parent of a minor child to become the child’s guardian for a period up to one year. This application expires at the one year mark or when revoked.

 

 

Removals of Guardians

A removal of guardianship in Connecticut, is an application to remove the guardianship rights of a parent or guardian. This removal is semi-permanent, which means that the court’s decision on removal lasts until the court says otherwise through decree or a reinstatement. A removed parent still has rights and responsibilities, and these matters can last until the minor child reaches the age of majority. Please call us to discuss the child’s needs today!

 

 

Terminations of Parental Rights

In Connecticut, a termination of parental rights permanently severs the parent-child relationship. This means that this decision can affect child support, inheritance rights, visitation agreements, benefits, and many other important factors in the child’s life. No matter the situation, be sure to be informed and schedule an appointment today!

 

Adoptions

In order to adopt a child in Connecticut, first the child’s natural parents’ rights must be terminated through a termination of parental rights application in the probate court. This is also true when using many forms artificial contraception and fertility methods. Know your rights before making any of these decisions!

 

Visitation

If there is a Connecticut Probate Court decision effecting your parental or guardianship rights, visitation is often a concern. Be sure to know all your rights before agreeing to any visitation order.

 

Reinstatements

A parent who has received an order from a Connecticut Probate Court has the right to apply for reinstatement. However, before filing the application, there may be additional requirements or recommendations. Please, call Allinson & Associates, LLC first!