Falkenstein, Meggers, Paul & Robinson, P.C.Falkenstein, Meggers, Paul & Robinson, P.C.2026-04-27T16:31:37Zhttps://www.113law.com/feed/atom/WordPress/wp-content/uploads/sites/1603372/2022/02/cropped-favicon-fmpr-1-32x32.jpgOn Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[No house or big savings? You may still need an estate plan]]>https://www.113law.com/?p=2529172026-04-27T16:31:37Z2026-04-27T16:31:37ZWhy estate planning is not only about wealth
Estate planning is less about how much you own and more about who will administer your affairs. Even a modest estate may require formal probate procedures after death if no written instructions, beneficiary directions or ownership records exist.
Without a will, Connecticut law will decide who inherits your property. That result may match your wishes, but it may not, and if family members disagree, delays, expense and additional stress may follow. A basic estate plan may help you:
Name who should receive your savings or personal property
Designate who should administer your estate
Update beneficiary designations on accounts
Reduce confusion for loved ones
Put your wishes in writing
Even modest assets can represent years of work, discipline and careful saving, and you may want those assets handled according to your wishes rather than through default legal rules.
Your digital life may need planning too
If you do not have substantial physical assets, a significant portion of your assets and personal records may now exist in digital form. Some accounts may hold funds, while others may store records, photographs or personal information that still carry financial or sentimental value. These may include:
Online bank accounts and payment applications
Retirement accounts with online access
Cryptocurrency wallets
Email accounts with financial records
Cloud storage and social media profiles
If no one can access these accounts when needed, your family may face practical and financial complications. They may not know passwords, privacy restrictions may block access and in some cases digital funds may become difficult to recover. An estate plan can include instructions that allow an authorized representative to manage these accounts when the time comes.
Planning can protect you during life
Estate planning does not apply only after death but can provide important protection during your lifetime. It can protect you if illness or injury prevents you from making informed personal or financial decisions.
A durable power of attorney may allow someone you trust to manage bills or other financial responsibilities. A health care directive may name a person to speak with doctors and carry out your treatment wishes.
Without these documents, loved ones may need to ask a court for authority before they can help. That process can consume valuable time during an already stressful and uncertain period.
Small estates still benefit from a plan
You do not need a large estate to benefit from planning. If you work hard, save carefully and want to spare your family unnecessary court issues, a plan may still provide meaningful legal and financial protection.
The size of your bank account does not determine whether planning matters. Your goals, responsibilities and personal wishes matter more, and putting a plan in place now may help protect the people who matter to you most.]]>On Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[Common estate planning mistakes Connecticut families make]]>https://www.113law.com/?p=2529162026-01-19T04:43:06Z2026-01-19T04:43:06ZEstate planning mistakes often surface years later, when your family must rely on documents that no longer reflect your life. In Connecticut, state probate rules and execution requirements can turn small oversights into delays, higher costs and family conflict.
Failing to update documents after life changes
Estate plans should change as your life changes. Marriage, divorce, the birth of a child or a move to Connecticut can all affect how your plan operates under state law. If you do not update your documents, assets may pass to unintended people, including former spouses.This matters because Connecticut probate courts must follow the most recent valid documents. An outdated plan can control distribution even if it no longer reflects your intentions.
Ignoring Connecticut legal formalities
Connecticut law requires a will to be in writing, signed by the testator and witnessed by two disinterested witnesses. Informal documents or handwritten wills may not meet these standards. Failure to comply can result in the will being rejected.You should also revoke prior wills clearly. Without an express revocation clause, multiple documents may conflict. That confusion can lead to probate disputes and added expense.
Mismanaging assets and planning details
How assets are titled often matters more than what a will says. Jointly owned property typically passes directly to the surviving owner, regardless of your estate plan. This can unintentionally exclude other heirs.Families also assume that leaving large inheritances outright will create long-term security. A Forbes analysis notes that wealth frequently disappears by the second or third generation when assets are passed outright without safeguards. Trusts can help manage distributions, protect beneficiaries and preserve assets over time.
Choosing the wrong people or skipping incapacity planning
Executors, trustees and agents have real responsibility and choosing someone who is unprepared or involved in family conflict can slow the process and create tension. A will also only applies after death which means it does not help if you become unable to manage your affairs. Common planning gaps include:
Choosing the wrong person: Picking someone out of guilt or tradition instead of ability.
No incapacity plan: Lacking a durable power of attorney or health care directive.
Misunderstanding trusts: Assuming trusts are only for very wealthy families.
These gaps can leave families without guidance at critical moments.
What you can do next
Connecticut estate planning involves state-specific rules that generic documents may not address. Reviewing your plan every three to five years or after major life events can help prevent costly mistakes. Consulting an experienced estate planning attorney can provide clarity, coordination and confidence that your plan will function as intended under Connecticut law.]]>On Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[Do I need to update my will?]]>https://www.113law.com/?p=2529132025-10-29T22:37:18Z2025-10-29T22:25:58ZWhen there are changes in your financial situation
Any type of increase or decrease in your estate’s size must be added or removed in your will to ensure that your document can accurately reflect your financial situation in life. For example, you bought a new business or inherited your parents’ ranch; you must add this recent addition to your will’s list of assets.
This step not only helps protect the inheritance of your heirs but also eliminates any legal hurdles that they may encounter in the future when it is time for them to inherit your property.
When there are changes in your marital or family status
You must also modify the details in your will when you go through a significant life event such as a divorce, a re-marriage, an adoption, the birth of a grandchild, and/or a death in the family.
By changing these types of information, you help safeguard two things: One, your loved ones can inherit the assets that you wish to give them and two, you can remove a previously named beneficiary to ensure that they will not be able to receive any inheritance from you.
When there are changes in your location
If you are planning to move or have recently moved to a new state or country, it is vital to seek legal assistance from an estate planning lawyer who serves in the same location. This is because inheritance laws significantly differ by state and nation.
With their guidance, they can review your will and inform you of whether it meets your new location’s legal requirements or not.
Protect your wealth’s future the right way
By understanding your state’s estate planning laws and following the proper legal procedures involved, you can update your will with confidence and be in full control of your estate’s future.]]>On Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[What is the Connecticut conservatorship process?]]>https://www.113law.com/?p=2529112025-08-08T15:09:21Z2025-08-08T15:09:21ZTypes of conservatorships in Connecticut
Connecticut law allows two types of conservatorships, each serving a different purpose depending on the person’s needs.
A conservator of the person makes decisions about housing, medical care and daily needs. On the other hand, the conservator of the estate manages income, bills, property and financial obligations.
Both types can be voluntary or involuntary. Voluntary conservatorship happens when the person agrees to the appointment. Involuntary conservatorship requires a court finding that the person cannot manage their affairs.
When conservatorship may be necessary
You might consider conservatorship when a loved one struggles to make safe or sound decisions. Common situations that can affect decision-making include:
Cognitive decline
Mental illness
Physical limitations
The court does not appoint a conservator based on age alone. There must be clear evidence that the person cannot handle personal or financial matters.
If the court finds the person incapable, it appoints a conservator. That could be a family member, friend or professional. The court may also limit the conservator’s powers to protect the person’s rights.
What to consider before filing for conservatorship
Conservatorship is a serious step. Before filing, consider whether less restrictive options are available. You should also consider how the appointment may affect the person’s autonomy. Taking on the role of conservator comes with legal responsibilities that can be time-consuming and complex. If you’re unsure about what to expect, speaking with a lawyer can help you explore your options and move forward with confidence.]]>On Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[Selecting the right person to be your personal representative]]>https://www.113law.com/?p=2529102025-05-06T21:37:19Z2025-05-06T21:37:19ZTaking stock of potential candidates
The first step when selecting a personal representative is to consider who might be fit for the role. Important characteristics to consider include health and age. Younger, healthier people are more likely to outlive the testator and retain the capacity necessary to oversee estate administration when the time comes.
Proximity can also be a factor. Someone living on the other side of the country may struggle to manage estate administration. Availability is another key factor. People with numerous children, medical challenges or highly-demanding careers may not be able to juggle all of their personal obligations and estate administration.
Financial stability is another key consideration, as people who struggle to pay their bills might find it too tempting to have access to estate resources. Testators may need to consider an individual's morals as well, as some people embezzle or let their personal feelings about beneficiaries interfere with the performance of their duties.
Talking with possible executors
A testator can name a personal representative in their documents only to have that person decline the responsibility during probate proceedings. Therefore, it is critical to secure the consent of potential personal representatives before naming them in a will.
Even people who might seem perfect on paper may have challenges that they don't readily disclose to others that could prevent them from fulfilling their duties. After talking with candidates, the testator can then name their top choice and possibly one or two alternates in their documents.
Discussing the nomination of a personal representative and other key decisions with a skilled legal team can help people establish effective and meaningful estate plans. The inclusion of the right details in a will can have a major impact on an estate and, therefore, on an individual's final legacy.]]>On Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[What should you know about adding a trust to your estate plan?]]>https://www.113law.com/?p=2529032025-02-05T20:09:14Z2025-02-05T20:09:14ZOne of the goals of an estate plan is getting assets to beneficiaries. Some people opt to do this through their will, but others choose to establish a trust that can make it much easier to get the assets to the intended individuals or other entities.
A trust is a legal tool that holds the assets until they’re ready to be handed down to another party. Assets that are held in a trust are controlled by the trustee until they’re fully passed along to the beneficiary.
There are 2 categories of trusts
There are two broad categories of trusts: revocable and irrevocable. Revocable trusts can be changed as you see fit, and you continue to control the assets in the trust until you pass away. An irrevocable trust is set in stone and can’t be changed unless the court or all named beneficiaries agree to the changes. The assets are controlled by a trustee instead of being controlled by you.
Trusts have benefits
One of the most important benefits of trusts is that your beneficiaries can receive the contents of the trust without having to go through the probate court. This offers them privacy since the trust's terms aren’t part of a public court record. It’s often faster and less costly for them to receive them using a trust.If you establish an irrevocable trust, the assets within the trust have protection from your creditors. The assets in this type of trust are owned by the trust. Since they aren’t yours any longer and you don’t have control over them, the assets can’t be claimed if there’s a judgment or collection against you.Having a comprehensive estate plan can make it much easier for your loved ones to handle your affairs after you pass away. Discuss your wishes and the circumstances of your estate with someone who can help you determine if establishing a trust will be beneficial. Getting everything set up now may give you peace of mind since you know your beneficiaries have a plan reflecting your wishes to follow.]]>On Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[3 matters people can address in an advance directive]]>https://www.113law.com/?p=2529002024-11-05T23:28:21Z2024-11-05T23:28:21ZInformation about anatomical gifts
Few decisions are more difficult for families to make than decisions about anatomical gifts. When an individual has a sudden traumatic incident or medical event, like a stroke, their organs and tissues can potentially save the lives of others or drastically improve their quality of living. Families may struggle to make decisions about anatomical gifts without explicit guidance. People may want to provide clear instructions about their wishes so that family matters know how to proceed.
Choices about outside support
Advance directives can include a designation of a health care representative authorized to act in the event of an individual's incapacitation. They can even include information about financial support by naming someone to act as their conservator in the event of long-term incapacitation. Doing so helps ensure a smooth transition of authority. Otherwise, family members or other concerned parties may have to go to court to make medical choices and handle an incapacitated person's finances.
Specifics about medical preferences
Advance directives can include health care instructions, which some people call a living will. People can provide clear information in their advance directives about their various medical wishes. Perhaps they have specific standards for when life support is appropriate. Maybe they have preferences about certain types of treatments or medications, such as narcotic pain relievers. People can provide clear guidance for their health care representatives in an advance directive.
Those facing medical hardship or preparing for retirement are among those who may benefit from establishing an advance directive. Clarifying personal wishes as part of the overall estate planning process can be beneficial for both a person drafting the documents and those close to them.]]>On Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[How can older adults avoid an involuntary conservatorship?]]>https://www.113law.com/?p=2528992024-08-09T11:50:59Z2024-08-09T11:50:59ZConservatorship over a person gives a conservator control over someone's daily life and their medical care. They have a responsibility to meet that person's me and act in their best interests. Conservatorship of an estate gives someone control over another person's assets to help manage their resources and fulfill their financial obligations. Those preparing for retirement can potentially establish estate plans that may help them avoid an involuntary conservatorship.
People can choose who supports them later
One of the big issues with an involuntary conservatorship is how the courts determine who provides support for an older adult. They may grant authority to the person who initiates litigation rather than an individual with a positive relationship with the vulnerable adult.
Those with ulterior motives, such as a desire to control someone's resources, might seek conservatorship for personal gain. By drafting the right estate planning paperwork ahead of time, older adults can protect themselves by choosing who holds the authority of conservator.
Durable powers of attorney are legal documents that maintain their authority even when the principal who drafted them becomes permanently incapacitated. The agent or attorney-in-fact they select can oversee their daily life and manage their resources.
That individual can potentially retain that authority until the principal who drafted the documents dies. When there is already a competent adult with the legal authority to care for an older adult, the courts are unlikely to grant another person conservatorship. Durable powers of attorney can be a smart choice for those worried about incapacity as they age.
Estate planning offers benefits beyond choosing beneficiaries to inherit certain property. Adding the right documents to a Connecticut estate plan can help protect older adults from legal and personal vulnerability as they age.]]>On Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[What are the requirements for a valid will in Connecticut?]]>https://www.113law.com/?p=2528982024-05-06T16:02:13Z2024-05-06T16:02:13ZA competent adult testator
Someone generally needs to be a lawful adult to draft testamentary documents. The one exception to this rule involves a teenager who has successfully pursued emancipation before their 18th birthday. Otherwise, a testator needs to be at least 18 to draft a will. They also need to have testamentary capacity. That means they need to understand the terms of the will and how it may impact the people they love. Individuals with severe mental health disorders, cognitive decline and dementia are among those who lack the capacity to draft legal wills.
A written document
There are many ways for someone to effectively convey their preferences to others, but not all of them are an option when drafting a will. While people can communicate with each other via video footage or audio recordings, people cannot use video or audio recordings as their wills. Instead, testators generally need to draft written documents that they then sign.
Two adult witnesses
In order to affirm that someone is who they claim to be and that they have the necessary capacity to draft a will, other people need to be able to verify those details after someone dies. The law requires two adult witnesses who are either present at the time a testator signs of will or who personally witness them attest to signing it previously. Notarization is not necessary for the courts to recognize a will as valid in Connecticut.
Those who know the statutory requirements when drafting wills can create legally valid documents. Learning more about Connecticut probate rules – and seeking legal guidance whenever necessary – can be beneficial for an individual contemplating their final legacy.]]>On Behalf of Falkenstein, Meggers, Paul & Robinson, P.C.<![CDATA[What are asset protection and Medicaid planning?]]>https://www.113law.com/?p=2528972024-02-05T20:41:00Z2024-02-05T20:41:00ZStrategies for asset protection and Medicaid eligibility
In Connecticut, estate planning for long-term care often involves strategies to protect assets while maintaining eligibility for Medicaid. Medicaid has strict income and asset limits for eligibility, meaning individuals must often spend down their assets to qualify for benefits. This can be done in several ways, but caution is critical to avoid actions that may disqualify the person from receiving the necessary benefits.
Strategic gifting can be a part of this spend-down process, but it must be done carefully to avoid penalties. For instance, Medicaid has a look-back period of five years, within which any gifts or transfers of assets can be scrutinized and potentially penalized, which can delay eligibility for Medicaid benefits.
The role of gifting in estate and Medicaid planning
Gifting is a common strategy used in estate planning to reduce the size of an estate and help beneficiaries avoid significant tax burdens. Planning these gifts well before you anticipate needing Medicaid assistance for long-term care is essential. This may involve consulting with a professional to ensure that any gifting strategy doesn’t adversely affect Medicaid eligibility.
Proper estate planning seeks to navigate these rules by arranging holdings that align with Medicaid's guidelines, potentially through trusts or other legal structures designed to protect assets from being counted against Medicaid's eligibility thresholds.
Ultimately, seeking legal guidance can help individuals to develop a strategy that considers applicable concerns within the unique context of anyone’s particular circumstances.]]>