Question
Where should I store my Last Will and Testament?
Answer
A quality fireproof and waterproof home safe or lock box is one of the most reliable places to store your original will, as long as your executor knows the location and how to access it. This leaves you in control of your document, and it is immediately available when needed.
Contrary to common belief, a bank safe deposit box is not the best option, as access is frozen upon your death, and probate court permission is required to gain entry.
Question
I am considering forming a living trust for estate planning purposes, but I currently receive a municipal real estate tax exemption. If I move my real estate into ownership by the trust, will I lose my exemption?
Answer
Not necessarily. In Connecticut, real estate that is transferred to a trust may continue to receive tax exemptions based on your status (e.g., elderly, veteran) as long as you are the settlor of the trust and you (versus the trust) remain in control of the trust and are responsible for paying the tax, among other factors.
If you are considering forming a trust, it is important that you carefully consider the tax ramifications of transferring real estate so as not to invalidate an existing tax exemption.
Contact our Trust & Estate planning attorneys if you are a Connecticut resident interested in forming a living trust and funding it with the transfer of real estate, while maintaining your eligibility for tax-exempt status.
Question
What is a “quitclaim deed”?
Answer
A quitclaim deed (often erroneously referred to as a “quick deed”) is a legal document that passes a property owner’s interest to someone else. It transfers whatever rights the owner has, without providing any guarantees that the title to the property is clear of liens or encumbrances. They transfer title “as is.”
Quitclaim deeds are rarely used in traditional real estate sales because they offer no protection to the receiver. They are more typically used in the transfer of real estate in family transfers, divorce proceedings, gifting, or moving ownership of a property into ownership by a trust or LLC.
Because real estate transfers are complex and mistakes can have serious ramifications implicating your real estate title, it is recommended that you consult a real estate attorney if you are considering transferring an interest in your property via a quitclaim deed.
Question
Are drivers obligated to exchange information after a minor accident with no police involvement? I was involved in a minor motor vehicle accident with another car, in which both vehicles received only a few scratches, and nobody was injured. The police were not called. Are both drivers legally required to exchange information in this circumstance?
Answer
Under Connecticut law, Conn. Gen. Stat. § 14-224 establishes the requirements for drivers involved in an accident to exchange information, including when police are not involved.
Specifically, the statute mandates that any operator of a motor vehicle knowingly involved in an accident causing injury, serious physical injury, death, or property damage must stop immediately and provide their name, address, operator’s license number, and registration number to the injured party, the owner of the damaged property, or any officer or witness to the accident.
If the operator is unable to provide this information at the scene for any reason, they are required to report the accident immediately to a police officer, constable, state police officer, or inspector of motor vehicles, or at the nearest police precinct or station. This report must include the location and circumstances of the accident, as well as the operator’s name, address, operator’s license number, and registration number.
Question
How do I get power of attorney over someone?
Answer
The concept of “getting” power of attorney is mistaken.
You cannot obtain someone’s power of attorney unless that person grants the power of attorney to you. In other words, it is something that you get only because it is voluntarily given to you.
When someone grants you their power of attorney, they are conferring agency on you. The grantor of the power of attorney is called the “principal.” The principal designates someone (you) to act as their” agent,” empowering the agent to conduct the principal’s business on the principal’s behalf, consistent with the principal’s instructions.
In order to grant a power of attorney, the principal must have legal capacity to do so. That is, they must be fully competent to execute a formal legal document and understand the implications. The most effective powers of attorney are durable powers of attorney that survive the incapacity of the principal. When a competent individual grants a durable power of attorney, the power of attorney remains effective even when the principal later becomes incompetent or incapacitated
Question
I recently received a (Connecticut) Automated Speed Enforcement Citation in the mail. I know that NYC and DC use speed cameras. Is this Connecticut Citation legitimate or a scam?
Answer
Connecticut passed a law (GGS §14-307c) effective October 1, 2023, allowing cities and towns to use Automated Traffic Enforcement Safety Devices (ATESDs).
How it works: Cameras take a photo of your license plate. A police officer reviews the evidence. If valid, the ticket is mailed to the registered owner’s address.
The Fine: First offense is $50.
Second and subsequent offenses are $75.
Active Towns: As of January 2026, at least 11 municipalities are using or approving these cameras.
Some communities are also ticketing red light offenses in this fashion.
Additionally, the State Department of Transportation has recently deployed speed cameras in select highway work zones as part of the “Know the Zone” program on state highways, with tickets beginning at $75 and ranging upwards.
Bottom Line: If you received a paper citation in the mail from a participating municipality or the State of Connecticut, the Citation is likely legitimate. For legal advice on how to proceed, you should consult with an experienced attorney who can provide you with guidance on how to.
Question
I was notified that an unpaid credit card was “charged off,” but now a debt collector is trying to collect on the account. Can they legally do that?
Answer
Yes, a charged-off debt can still be collected.
Key points to understand:
Charge-off is an accounting term – It means the creditor wrote off the debt as a loss for tax purposes, but you still legally owe the money.
Collection efforts continue – The original creditor may still try to collect, or they may sell the debt to a third-party collection agency or debt buyer.
Statute of limitations still applies – Even after charge-off, collectors can sue you within the statute of limitations (varies by state, typically 3–6 years from last payment or default). After that, they can’t win a lawsuit, but they can still ask you to pay.
Credit report impact – A charge-off can stay on your credit report for up to 7 years from the first missed payment, but that doesn’t erase the debt or legal obligation.
Bottom line: A charge-off does not cancel the debt. You can still be contacted, sued (within time limits), or have wages/bank accounts garnished if a court orders it.
Question
If I have a Last Will and Testament, does my estate still have to go through probate?
Answer
Yes, if and when you die and if you have singly-owned assets (assets in your name alone that are not joint with others), the probate court must still be involved. Probate is the process of legally re-titling assets from ownership by your estate to ownership in those that you have designated to receive them.
Question
If I get a speeding ticket in another state, will it impact my Connecticut driver’s license?
Answer
Likely, yes. Connecticut participates in an interstate compact with most other states, pursued to which the state motor vehicle departments exchange information with one another. Points incurred for an offense in one state are reported to the driver’s home state agency.
Question
I received a traffic ticket for a moving violation in Connecticut and entered a not guilty plea. In response, I have gotten an invitation to participate in online mediation, rather than go to court. What should I do?
Answer
Generally, the offers that are made through online mediation, result in the reduction of the monetary fine associated with the alleged offense. Typically, there is no reduction in the points that are assessed against your license. Therefore, we suggest that you ignore the invitation to participate in the online resolution process and wait for the assignment of a court date. In court, a seasoned traffic attorney can often negotiate a better outcome for you, reducing the impact on your driver, history and insurance rates.
Question
I am thinking of breaking it off with my live-in partner, who moved into my place a few months ago, but it is just not working out. Can I rekey the locks and put their stuff on the porch while they are at work if they will not leave voluntarily?
Answer
No! That would be an “illegal lockout,” which is an actionable crime. In Connecticut, to remove the unwanted party, you must rely on civil summary process proceedings, in other words landlord-tenant law. This is true even if they are not on the lease. For legal advice on how to proceed, you should consult with an experienced attorney who can provide you with guidance on how to evict your estranged partner.
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