When someone passes away in Connecticut, their assets must be distributed following their wishes or as state law prescribes. Most estates go through the probate process without incident. However, tensions between beneficiaries or other parties can become legal disputes.
The Middletown attorneys at Stanfield Bechtel Law have vast knowledge of the state’s probate system. We apply our years of combined experience and strategic approach to pursue the fairest outcome for your loved one’s wishes. Contact us today for a confidential case review.
Types of Probate Disputes in Connecticut
Probate disputes can be narrow or wide-ranging in their scope. Some relate to a specific piece of property, while others challenge the validity of a will altogether.
Property-Related Disputes
Some wills, in spite of their validity, have ambiguous language or clauses with multiple possible interpretations. If family members dispute who should receive a sentimental heirloom, they may ask the court for an official interpretation.
Contested Wills
Wills are only binding if they meet specific legal guidelines. These are some situations where a party could contest a will’s validity:
- The decedent was not of sound mind when they made the will
- The will does not have signatures from two witnesses
- The witnesses did not sign the will in front of the decedent
- Someone pressured the decedent to make certain provisions in the will
- The will was oral in nature
- The will was made when the decedent was under 18
- The will is handwritten and has no witness signatures
- The will originated in another state and was invalid by that state’s law when the decedent created it
- The decedent previously revoked the will
- The will was falsified or forged
Misconduct and Accounting-Related Disputes
Executors, trustees, and personal representatives are fiduciaries. That means they have a duty to act in the best interest of the estate and its beneficiaries. Probate litigation can happen when administrators violate their responsibilities, such as in these situations:
- Mismanaging assets within the estate
- Engaging in a conflict of interest
- Improperly accounting for estate funds, expenses, and assets
- Delaying administrative tasks for no valid reason
Guardianships and Conservatorships
If the decedent had minor children or was the legal guardian of an incapacitated adult, there may be disputes about who should hold guardianship or conservatorship moving forward. The court must consider the children’s or ward’s best interest when it resolves these matters.
Trust Disputes
Some Connecticuters protect their assets by putting them in a trust. Litigation on a decedent’s trust may relate to interpreting ambiguous provisions or making modifications. It may also concern a trustee’s malfeasance.
Spousal Elective Share Disputes
Regardless of what a will says, Connecticut law allows a decedent’s surviving spouse to claim a share of the estate. This is called the “elective share,” and it usually amounts to one-third of the remaining estate after expenses. The spouse must claim it within 150 days from the date the court admits the will.
Elective share-related disputes can arise in the following situations:
- The decedent and their spouse had a valid prenuptial or postnuptial agreement
- The spouse abandoned the decedent
- The spouse is receiving a support allowance from the estate
- The decedent was married multiple times and allocated property to an ex-spouse
The Probate Litigation Process
Probate litigation goes through the Connecticut Probate Court, which has 54 branches throughout the state. Hearings in probate court are generally less formal than a regular jury trial. Each side has the right to have an attorney present and the opportunity to present supporting evidence.
The court may refer the case to mediation if all parties agree to participate. In mediation, a current or retired probate judge attempts to guide the case toward a settlement. If the parties stay at an impasse, the case proceeds to a formal hearing, and the probate judge issues their verdict.
Many clients ask us how long it takes to resolve a probate dispute. Ultimately, it depends on your case’s complexity. Simpler cases may conclude within several months, while more complex cases could take a year or longer to build and fight.
Probate Litigation Appeals
Appeals in probate cases go to the Connecticut Superior Court. Generally, you have 30 days to file an appeal for an unfavorable decision. The time limit extends to 45 days if the matter involves a conservatorship or guardianship.
There are two types of probate appeals, each with different rules:
- De Novo Appeals – In a de novo appeal, the Superior Court does not consider the probate court’s decision. Your lawyer can present different evidence from what was shown to the probate judge, but it must have existed before the original hearing.
- Record Appeals – In a record appeal, the Superior Court reviews the evidence from the initial hearing. It can only overturn the probate judge’s ruling under specific circumstances, such as if it was unlawful or erroneous in light of the evidence.
Most appeals are de novo, but some must be on the record. Your legal team can share which type of appeal applies to your dispute.
How Our Attorneys Can Help
Our team can represent you through each step of the legal process, including:
- Evaluating your case and its different potential outcomes
- Gathering the right documents, witness statements, and expert testimony to support your side
- Advocating for your interests during mediation, if your case enters it
- Presenting your case in probate court hearings
- Building appeals if necessary
Contact a Connecticut Probate Litigation Lawyer
If you’re facing probate litigation in Middletown, trust the Connecticut attorneys of Stanfield Bechtel Law to guide you with the dignity you deserve. Our small, dedicated team includes an adjunct University of Connecticut law professor, and we’ve argued challenging appeals before the state’s highest court. Even if you believe another lawyer is failing you, we can offer a second opinion or take an alternative approach to defend your rights moving forward in the legal process. Contact our office today for a consultation.