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My uncle recently become very ill. He has no living will.

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My uncle recently become very...
My uncle recently become very ill. He has no living will. When he entered the hospital he directed me as his conservator and power of attorney. He has never been married and has no children. What happens to his assets when he passes? Some family members are worried about his stocks and bonds. I personally hope the State of Connecticut takes every dime so those vultures can't have it. They do not understand that all this is irrelevant to me - I just want more time with him. How will the State of Connecticut determine who receives what? Thank you for your time.
Submitted: 6 years ago.Category: Estate Law
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3/3/2012
Estate Lawyer: Law Pro, Attorney replied 6 years ago
Law Pro
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Category: Estate Law
Satisfied Customers: 24,870
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You were appointed by the court as his conservator?

A Living Will is not a Last Will and Testament - they are completely different matters.

A living will is a legal document that a person uses to make known his or her wishes regarding life prolonging medical treatments. It can also be referred to as an advance directive, health care directive, or a physician's directive. A living will should not be confused with a living trust or last will and testament.

A will or testament (Last Will and Testament) is a legal declaration by which a person, the testator, names one or more persons to manage his estate and provides for the transfer of his property at death.



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Customer reply replied 6 years ago
Yes I was appointed by the court to be his conservator.
Estate Lawyer: Law Pro, Attorney replied 6 years ago
The Connecticut intestate succession is as follows:

If married with a surviving descendant, your spouse inherits the first $100,000. Your spouse inherits 50% of the balance. Your children and the descendants of any deceased children inherit 50% of the balance.

If married with no surviving descendant but a surviving parent, your spouse inherits the first $100,000. Your spouse inherits 75% of the balance. Your surviving parent or parents inherit 25% of the balance.

If married with no surviving descendant or parent, your spouse inherits your entire estate.

If no spouse survives but at least one descendant survives, your children share equally and descendants of a deceased child, if any, take the deceased child’s share.

If no spouse or descendant survives, a surviving parent or parents take your entire estate.

If no spouse, descendant or parent survives, your surviving siblings share equally and descendants of a deceased sibling, if any, take the deceased sibling’s share.

If no spouse, descendant, parent, sibling or descendant of a sibling, your next of kin inherit.

If no spouse, descendant, parent, sibling, descendant of a sibling or next of kin, your step children inherit.

If none of the above applies, your estate is distributed (escheats) to the State of Connecticut.


That's the intestate distribution if there is NO will OR if the will doesn't distribute all of the deceased's assets.





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Customer reply replied 6 years ago
There are 14 siblings and six have predeceased him. of the six only four have children. What rights does the conservator have? What are my responsibilities?
Estate Lawyer: Law Pro, Attorney replied 6 years ago
Those are alot of heirs.

A court appointed conservator over the person is responsible for managing the conservatee's placement, medical decisions, and mental health treatment (LPS conservatorships).

An example of a conservator's duties includes: locating and marshalling assets such as property and money which belongs to the conservatee, and can use it to buy food for the conservatee, secure and pay for placement in a facility which would take care of the conservatee or treat a mental illness, pay bills for the conservatee, manage property by paying for property insurance, mortgage payments or rent, property clean-up, or pay for a property management company to rent the property.

An example of a conservator or guardian's medical responsibilities is that if the court grants medical authority to the conservator or guardian, the conservator can authorize a physician to place a feeding tube used to provide nourishment into the protected person's stomach if they are in medical need of it. It is not uncommon for one person to hold both offices and be referred to as the "guardian and conservator" of the conservatee, even though a conservator or guardian can be appointed over the person only, the estate only, or both.

Generally, a conservator or guardian over the estate is only granted if the conservatee has assets that need to be protected, marshalled, and managed. These terms may be found in use in U.P.C. jurisdictions, even though the U.P.C. uses the term "protected person" in either case.


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Customer reply replied 6 years ago
Yes there are. Unfortunately, he told me he wanted me have all his money - I really want him instead. Without a will I understand that this siblings and predeceased siblings children will share the money. I would assume that predeceased siblings without any children are irrelevant. Also, how does a brother who has not been heard from in 36 years (who had no children) and it is not known whether he is alive or not factor into the equation? Thanks
Estate Lawyer: Law Pro, Attorney replied 6 years ago
The brother must be searched for - but not to hard.

This would appear to potentially be going into litigation upon his death given the number of heirs - it's hard for that many to agree unless it's very legally very clear.

So my suggestion to you is CYA in all things - make sure you have receipts for any and all expenses incurred.
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Customer reply replied 6 years ago
One of my aunts said to make sure I get paid. My sister and I cleaned the apartment and have done a number of things so far on his behalf. Does the conservator have a right to pay him/herself or others for services?
Estate Lawyer: Law Pro, Attorney replied 6 years ago
Yes. You are entitled to a reasonable fee - usually around $25.00 per hours for such type of work.

Just make sure you have an itemization of your time.
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Customer reply replied 6 years ago
Okay. How about the fees for you here today? Can I print a receipt?
Estate Lawyer: Law Pro, Attorney replied 6 years ago
I think so. But that's not my area of expertise. What you can do is contact JustAnswer customer service about getting a receipt.
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