Have you ever taken on a case involving a minor or a decedent? Cases involving minor children, wrongful death, or when a Conservator or Plenary Guardian is appointed for your plaintiff require an experienced probate attorney to swiftly navigate this portion of your file.
Partnering with our probate team at Disability Planning Partners eases this large burden for trial attorneys by removing the need to learn a new procedural system that is far different than state and federal courts. The nuances of the probate court system in Connecticut can present problems for even the most experienced litigators. Partnering with us means that we work as the liaison between the probate courts and your clients. This creates an efficient and clear closure for the case at hand leaving you to attend to other matters requiring your expertise.
The best timing and manner to implement this partnership is when you have accepted the plaintiff’s case. This early start ensures that all issues which are relevant for the probate court are handled efficiently and thoroughly from the onset of the case, despite the conclusion which may be years ahead.
A prime example supporting an early partnership is the classic wrongful death suit. A probate matter for a decedent begins at death. Critical information which is relevant to the decedent’s estate must be captured as soon as possible following death. When we are invited to participate near the time of settlement, the information which was readily available at the time of death, is long forgotten by the person in charge of the estate. However, it still needs to be reported to the Court.
Many of our state’s best trial attorneys turn to us for guidance when navigating the probate process. The story often goes like this: “Hey Disability Planning Partners, I am working on a wrongful death suit that is about to settle, I have opened the Estate and gotten the decedent’s daughter appointed as the fiduciary so that we could bring the lawsuit. The probate was opened several years ago, and we are getting ready to accept the settlement. I need to ‘compromise the claim.’ How do we wrap up the probate process for the family?”
We have noticed that trial attorneys often start a filing in probate court so that litigation can commence, but the estate becomes stagnant while the litigation claim is pursued, and the estate remains untouched until it is time to accept an award or settlement. When this happens, the assets are not marshalled and inventoried, probate fees and interest accumulate, costs are not recorded, and bills of the estate are not properly paid or denied. As a result, probate deadlines are missed, the family and others often forget what assets the decedent possessed and have trouble obtaining documentation for those assets. At the time your case is concluding, and your client is ready to move on, these headaches arise for the family in wrapping up the estate due to the significant passing of time since the probate was opened, combined with the fact that the clients were either not informed to keep records, or they have failed to do so because of the passing of time.
Is this an issue you’ve had? We are here to help! While this post addresses mostly wrongful death suits and decedent’s estate matters, next week’s post will focus on the probate process that must occur when accepting a settlement for a minor.
When our team handles the probate involved in a wrongful death suit, the decedent’s estate is properly started and maintained. We are able to ensure the probate issues are efficiently dealt with and completely wrapped up for the client shortly after the settlement or collection of damages. The result: a more satisfied client, less work for the trial attorney, less probate fees and costs, and a quicker distribution of assets.
Our fees are payable as an expense of the administration of the estate and are not part of the attorney’s fees from the lawsuit, meaning that there is no cost to the trial attorneys for enlisting our services. We are paid from the settlement proceeds through the probate process.
Call Disability Planning Partners the next time you take on a wrongful death claim, and let us handle the probate work from the inception!
