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2 Answers | Asked in Real Estate Law and Probate for Connecticut on
Q: ex wife died .no will .divorced .my name on the title and deed to home.she has older children that never lived with us .

do i have sole ownership as tenant in common?

Nina Whitehurst
Nina Whitehurst answered on Apr 27, 2020

If you were awarded the home in the divorce, then you would be the sole owner. If she was awarded the home in the divorce, then her estate is now the sole owner. If the divorce ordered you two to own the home 50/50 after divorce, then yes. The home will need to be probated and the probate court... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Connecticut on
Q: Cancelled cancer surgery due to Covid 19, shortly after laid off, now surgery is no longer covered?

Legal question. My father in-law was terminated from employment on April 17th due to Covid (or discrimination that he has cancer). He was diagnosed with prostrate cancer in the fall of 2019 and scheduled surgery on March 23 that was canceled due to covid and re-scheduled to June 12th. He is now... Read more »

Joseph Maya
Joseph Maya answered on Apr 24, 2020

Employees in Connecticut are generally considered at-will employees, which means that either the employer or employee may terminate the employment relationship at any time for any reason or no reason. Absent a contractual or legal prohibition (i.e. a discriminatory purpose), including a collective... Read more »

3 Answers | Asked in Criminal Law for Connecticut on
Q: I'm being fasley accused by minor

Said minor came clean afther lieing to three different people that I had touched her to her School to cops to family dcf keep continuing their investigation my name has yet to be cleared even tho said minor has come clean stating that I never touched her and that she lied

Joseph Maya
Joseph Maya answered on Apr 21, 2020

A charge of sexual molestation or unwanted sexual contact of any kind is perhaps one of the most damaging criminal allegations in our legal system, not just because of the weight of the charge and the potential penalties, but also because of the stigma associated with the mere hint of an... Read more »

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1 Answer | Asked in Social Security for Connecticut on
Q: How do i return social security money because of the death of an individual
Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 20, 2020

Report the death of someone who was receiving Social Security benefits the Social Security Administration (SSA) by calling 1-800-772-1213 (TTY 1-800-325-0778). Let SSA know about the money that needs to be returned. Keep in mind that Social Security benefits are paid a month behind. For example,... Read more »

2 Answers | Asked in DUI / DWI for Connecticut on
Q: I was arrested Sunday and released on a DWI charge and now they want me to come back in. What should I do?

I received a call this morning saying I needed to come back down so they could give me another court. Will I be rearrested? I refused the breathalyzer, I didn’t do a field sobriety test nor did they take blood at the hospital. I’m just not sure why I would have to go back after being released.

Joseph Maya
Joseph Maya answered on Apr 20, 2020

It is likely that the police department issued you a summons for a court date/location that is unavailable due to the courthouse closures arising from the COVID-19 pandemic. The police department is likely asking you to go into the station so they can reissue your summons for a new court... Read more »

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1 Answer | Asked in Estate Planning and Collections for Connecticut on
Q: I am Conservator for my adult son. Can I be held liable for any of my son's unpaid bills?
Joseph Maya
Joseph Maya answered on Apr 19, 2020

A conservator is a person appointed by the Probate Court to oversee or handle the financial or personal affairs of an adult. Connecticut recognizes two types of conservators. A Conservator of the Person supervises or manages the conserved person’s personal affairs and ensures that the person's... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: In CT -We are beneficiaries in a simple will, the house was sold, went thru probate and we have decree granting probate

What is the next step before money will be released

Thank you

Matthew A. Wiley
Matthew A. Wiley answered on Apr 19, 2020

The final step before releasing funds would usually be when the executor files a Final Account with the Probate Court. The probate process can in many cases take over a year. Let me know if you have any additional questions.

1 Answer | Asked in Probate for Connecticut on
Q: I am a beneficiary in a will it has gone thru probate and I received from the CT of Probate a Decree granting probate

Of will

What is the next step my brother in law is the executor are there any other forms to be signed

Thank you

Matthew A. Wiley
Matthew A. Wiley answered on Apr 19, 2020

The next step is your brother has to gather all assets and report them to the court. Ultimately probate is a very public process but there are lots of items that can be confusing. If you want to give me a call I would be happy to give you a no charge full consult on whether or not you will need... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Connecticut on
Q: Poetry inspired by a show, is this a copyright/trademark issue?

I have been writing poetry inspired by a television show and I'm interested in potentially publishing them in a book. I have not used any characters' names but some poems are based on plots or perceptions within the show. I intend to use original artwork and the poems are original. I'm not sure if... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 19, 2020

Your question poses an interesting issue concerning the relationship between copyright rights and "fair use", which is a defense that can be raised to the claim of copyright infringement. Your poetry, even if inspired by the TV show, could be viewed as a "transformative" use of the underlying work... Read more »

1 Answer | Asked in Trademark for Connecticut on
Q: Canceled section 8 (6 yr) means what for a trademark?
Barbara Berschler
Barbara Berschler answered on Apr 15, 2020

In order to keep a USPTO trademark registration alive, periodically you must make filings. From what you report, it appears that the 6 year deadline passed to submit proof of continued use by the 6th year after registration. However, the USPTO gives a 6 month grace period to correct the omission.... Read more »

1 Answer | Asked in Employment Law for Connecticut on
Q: I have a note from doctor telling me to stay home during covid virus. My employer is telling me to come in

Employer is telling me they will have to hire someone else to fill my position. Is there anyway for me to keep my job?

Joseph Maya
Joseph Maya answered on Apr 15, 2020

First, it will be important to determine if your place of employment is considered an essential business under Governor Lamont’s executive orders regarding the COVID-19 pandemic and whether you can remotely perform your essential job functions.

Employees are eligible to take Family...
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1 Answer | Asked in Employment Law for Connecticut on
Q: Can I lose my job even though I have a doctor's note saying I am high risk and should stay home?

My employer is telling me after 3 weeks they will have to replace me. Is there any way to keep my job of 15 years. I have a medical condition that puts me at high risk.

Rhiannon Herbert
Rhiannon Herbert answered on Apr 15, 2020

This will depend on the size of your employer. If your employer employs at least 50 employees within a 75-mile radius, then you are eligible to take up to twelve weeks of unpaid leave under the Family Medical Leave Act ("FMLA"). However, if your employer is smaller than this, you are unfortunately... Read more »

2 Answers | Asked in DUI / DWI and Immigration Law for Connecticut on
Q: I got arrested for my first DUI back in November 19, the judge sealed my case and now I want to apply for citizenship.

I got a green card 5 years ago through the dv lottery. I want to know if I will have a problem at the interview since I got arrested, but I didn’t got charged at the court.

John Alexander Bates
John Alexander Bates answered on Apr 10, 2020

Yes, you will have a problem. Generally you have to wait five years after your criminal disposition to apply for citizenship.

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3 Answers | Asked in Copyright for Connecticut on
Q: Can I stream myself reading a book on YouTube or Twitch?

I just wanna read to the Internet in this time of coronavirus. The books are on my shelf, I own them.

Anthony Santangelo
Anthony Santangelo answered on Apr 7, 2020

To be on the safe side I would read from a book that’s out of copyright protection which is roughly 2 lifetimes. Other than that you’re probably technically infringing on the Writers Copyright. There are many exemptions for example research, education, parody etc. I think reading an entire... Read more »

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2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: My father just passed away and I'm trying to figure out how do I handle his stuff?

EDIT: If the answer doesn't include anything related to the process and just says HIRE A LAWYER, dont bother

Steven Basche
Steven Basche answered on Mar 29, 2020

You need to hire a lawyer where your father died and seek to be appointed the administrator. This will give you the power to act regarding your father's estate.

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1 Answer | Asked in Family Law and Child Custody for Connecticut on
Q: Contempt and Visitation?

I agreed to allow my ex to keep our daughter during this coronovirus outbreak. I agreed to it before I knew the facts and how low risk children are to it. I told her that the risk was low to children and the children that do get it usually have mild symptoms. I also told her no one was sick around... Read more »

Linda Ann Subbloie
Linda Ann Subbloie answered on Mar 25, 2020

Unfortunately, right now and for the near future, the courts are pretty much closed for most business. You can file your motion for contempt, however, it will not be heard any time soon. My suggestion is that you take her up on that offer and go there as often as possible. Maybe if you go too much,... Read more »

2 Answers | Asked in Real Estate Law for Connecticut on
Q: My father left land to my brother and I and we've had it listed at a price that was too high to sell for nearly 2 years.

We need to relist it. My brother says that financially he doesn't need to sell it and wants to list it for a price that is $60,000 higher than the price it was already listed at. A new, potential listing agent has indicated it would be unlikely to sell it at such an exorbitant price and higher... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 24, 2020

You may be able to file a partition action to get the court to order the sale of the property and distribution of the proceeds.

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1 Answer | Asked in Probate for Connecticut on
Q: What are the exact benefits of having an attorney hold the money from a will during the probate process in CT?
Matthew A. Wiley
Matthew A. Wiley answered on Mar 16, 2020

Less risk of the client stealing or losing the money. Lawyers tend to have better record keeping. That being said if the client was say a trained accountant there would be very little benefit. The probate code generally assumes the Executor or Administrator holds the money. Lawyers are holding it... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: Who controls the assets, investments, etc of a will in CT, the executor or the attorney? I want funds FDIC insured

Question is targeting the 5+ months that the money is being held (in escrow?) during probate.

Matthew A. Wiley
Matthew A. Wiley answered on Mar 16, 2020

The Executor should control the money. They are legally responsible for the funds. Sometimes lawyers do hold money in their client fund accounts but the actual obligation is on the Executor. Bonus of the lawyer holding the funds is you have other state protections and potentially the lawyers... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: My dad passed without a will. He has a car that is paid for. We live in CT. What are my next steps?
Matthew A. Wiley
Matthew A. Wiley answered on Mar 16, 2020

It would make sense to schedule a meeting with a probate attorney to discuss all the next steps. You could attempt to navigate the probate process yourself without an attorney. If you attempt that route, you should reach out to the local probate court who can provide you necessary forms etc.... Read more »

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