Professional Legal Services For Connecticut

There are at least 4 clear pathways to obtaining a divorce. They are 1) a mediated divorce; 2) a Collaborative divorce; 3) a litigated divorce; or 4) arbitration. All involve some level of negotiation. Learning and deciding the best path for you is the single most important decision a divorcing spouse/parent can make and should be determined with the assistance of an attorney who can assess the facts and circumstances of your family.

Not if the parties/parents agree. The “90 day waiting period” has been recently eliminated so for those who have engaged in Collaborative, mediated or arbitrated divorce, they can literally file all of the required documentation electronically and request the court to accept their terms as a final divorce-all in one day! But of course, the work has gone on “behind the scenes”, so to speak, while attorneys and spouses/parents have put in the hard work to reach an agreement. Starting with the filing first places spouses/parents at the mercy of the court’s timing and calendar.

Child support in Connecticut is determined on the “shared income model”. That means both parents’ PERMISSABLE net income is added together to form the basis of an amount the State of Connecticut deems appropriate for the support of a child(ren). There are an amazing number of variables that go into this calculation and “DIY” could result in tens of thousands of dollars over or under paid over the minority age of a child. Consult with our firm unless you have the specific knowledge, training, and software to conduct this calculation. And it impacts parents’ taxes to a large degree and all of these variables can add up to an amazing amount of money in the long term.

As a rule, children do not appear in court and offer testimony in their parents’ divorce (married parents) or custody action (never-married parents). The court may, however, appoint a Guardian ad Litem (“GAL”) for young children or an Attorney for Minor Children (“AMC”) to represent children. A GAL is tasked with investigating the facts and circumstances of the family and to make recommendations to the parents and, if no agreement, to testify in court as to the orders that are best suited to the “child(ren)’s best interests”, the legal standard in Connecticut that a judge must follow in rendering any decision on a child’s legal custody or parenting access.

An AMC is an advocate for what a child wants as a result, which is not always in their best interests, so there is a balancing act that must be considered. Every single case is different because every single family is unique, but it is typical that a 16- or 17-year-old child may have an attorney while younger children will have a GAL to make recommendations for the child(ren) as younger children are not mature enough to know what is in their own best interests. Both GALs and AMC’s are required to have specific, mandated training before being allowed on the courts’ list of approved providers. This is an additional cost for parents and the court allows for appointments of a GAL or AMC either at no fees, sliding scale fees, or full private fees, depending on the financial circumstances of the family. Attorney Snearly has been an approved GAL and AMC serving the courts and Connecticut families since 1996, mostly by request of attorneys in litigated custody matters, and has testified extensively in children’s best interest as well as participated in litigation on behalf of children as an attorney.

In summary, if a child is old enough to effectively communicate, s/he will likely be introduced to a GAL who may visit the parents’ home(s), speak with collateral sources such as doctors, teachers, and therapists to assist in gathering information. Attorney Snearly encourages her clients to deal with custody issues with other professionals and to keep children out of litigation, thereby avoiding AMC and/r GAL appointments in her cases and she routinely recommends such professionals to help the family move forward without litigation.

Usually by agreement – 90%-95% of the time. Whether it be by mediation, Collaborative Divorce, or even arbitration. If there is no agreement, a judge will make the determination. It is usually - BY FAR – better for the spouses to decide what is “fair and equitable”, the legal standard in Connecticut, as we are an equitable distribution state and NOT a community property state. A judge has limited information and limited time to decide these matters so it is important to understand that an outcome may not be as carefully crafted by a judge as it can be by the spouses themselves. But discovery is KEY – which is the next FAQ.

Discovery is the process of exchanging information that is important to your case. Both parents/spouses must provide complete financial information to establish values of assets, debts/liabilities, income, and expenses. This exchange forms the basis of everything that follows – whether it be by agreement or by a court decision.

Many clients say to me “50/50 is fair – that’s all I want.” But 50/50 of “what”? Clients are often quite surprised to learn that their home isn’t as (or is more) valuable as they believed, their pension or retirement benefit is worth far more than their home, their Social Security at retirement may be factored into things like alimony – the list goes on. Understanding and agreeing upon the actual value of assets and identifying liabilities are part of the “discovery” process and may include involvement of real estate agents or appraisers, pension valuation, or other experts such as accountants or earning capacity experts.

Bottom line, you cannot reasonably resolve a case in a “fair and equitable” way unless you have all the facts for your attorney to then advise you as to a “fair and equitable” settlement (or, if negotiations fail, a proper demand at trial).

Absolutely or maybe or no. If you are contemplating marriage and have children from a prior relationship and assets in your name, call us. We can help you answer this question. There are many factors that go into an enforceable “pre-nup” and TIMING is one of them – so don’t wait until the last few weeks before your marriage. Call us with your wonderful news and let us help you decide.

Yes. A largely reduced but fair hourly amount to answer your specific legal questions is requested. We believe our time, like yours, is valuable, so we do not work for free and assume you do not either.

Every single family is unique and has its own facts that make a “one size fits all” answer impossible. Once Attorney consults with you and learns whether your case is a straightforward, simple matter or a complex, multi-faceted matter, she will quote you a retainer that, in her experience, is a reasonable one.

When a client hires our firm, we engage by signing a contract called a “Retainer Agreement”. That document is a legally binding document that gives the client’s authority to the firm to represent the client. It sets forth the matter for which the firm is hired, matters concerning confidentiality and attorney-client privilege, the hourly rates charged (or other arrangements which vary depending on the service) and other rights and responsibilities of the client and the firm, including how communications are conducted.

A retainer fee is requested with acceptance of the Retainer Agreement for family matters and some other limited matters, payment options are listed (if agreed upon in advance), and the fees received are placed in our firm’s “trustee account”, which is an IOLTA account (Interest Only Lawyers Trust Account) which only holds client funds. Any interest generated is paid to a fund regulated by the state grievance committee to reimburse victims of attorney fraud. So, neither the firm nor the client receives interest on these funds (there are exceptions – but this is the general rule).

As fees are incurred, the invoices are paid from the trustee account to the firm’s operating account. It works a bit like “overdraft protection” between a savings account and a checking account. The firm sends a bill showing services rendered and it being simultaneously paid from the firm’s trustee account. Our policy is that if funds remain at the end of the family matter, it is refunded. If the bill exceeds the retainer amount, the client is responsible for the amount over the retainer. WE DO NOT ENGAGE IN NON-REFUNDABLE RETAINERS AS A PRACTICE- there has a very few exceptions to this policy and may be in the future, but it not our general practice.

Call us at 203-264-5400 and request a consultation. We accommodate Zoom, telephone conferences, and in-office appointments. Our hours are 9-4pm for phone calls. You can always reach us at matos@cslawct.com to schedule an appointment. We look forward to answering your questions.

Estate beneficiaries often ask if the assets they receive from a decedent’s estate is a taxable event for them? The answer is NO. If there are any taxes due on a decedent’s estate assets (be they income, estate or inheritance) the Estate pays those taxes before any distribution of net assets are made to the beneficiaries. Receiving a bequest from a decedent’s estate is not considered income to the beneficiary, so a gift you receive from a deceased relative or friend’s estate is tax free.
In fact, very few decedent estates pay any estate or inheritance taxes. The federal exemption rate is approximately $13,000,000.00, and with the State of Connecticut’s exemption rate mirroring the federal rate, only the largest estates are at risk of paying any federal or state estate or inheritance taxes.

Trusts are valuable vehicles to protect an individual’s assets from probate administration and costs, as well as allow greater flexibility in asset distribution from that provided by a bequest in a last will and testament. The attorney who drafts an inter vivos (i.e. living) trust should be familiar with the federal and state laws concerning the creation, administration and termination of a living trust to insure that the intentions of the Settlor (i.e. trust creator) are fully met.

A title transfer of real property from one or more individuals or entities into a living trust is permissible so long as the deed of transfer is properly prepared in accordance with the state statutes governing real property transfers, and all conveyance tax returns are accurate and filed.

A last will and testament is a document created by a “testator” which sets forth the testator’s wishes as to how his/her assets will be distributed at the time of their death. A Will only takes effect when the testator dies. Upon death, the terms of the Will are not subject to change and must be implemented by a representative of the Estate known as an “Executor”.
A living trust is a document created by a “settlor” in which property may be transferred at any time during the settlor’s life time with those assets administered immediately by a “trustee”. The settlor may add or withdraw assets from the trust at any time, and may even revoke the trust in its entirety at his/her pleasure during their lifetime.

Living trusts must file tax returns in most cases if they earn more than $600.00 a year of income. But it is also the case that the trust pays no income tax of its own as any income generated by the trust passes back to the settlor.
It is important to remember that since a settlor of a living trust may revoke that trust at any time, the Internal Revenue Service acts as if the trust does not exist for income tax purposes.

While proceedings in the probate court are generally less formal than those held in the Connecticut Superior Court, a probate judge does preside over a probate court hearing an all witnesses are sworn to tell the truth and their testimony is recorded. If you have relevant evidence to present, you must share it with all other parties to the proceeding and be prepared to authenticate any written documents and photos.
While being represented by an attorney at a probate hearing is not required, given the complexity of presenting a legal case in any court proceeding makes the hiring of an attorney a good idea.

In general, probate court staff will assist in ministerial tasks such as receiving documents for filing, scheduling court hearings and communicating basic information on a case’s administration, court staff are not able to provide members of the public with legal advice nor assist in the preparation of documents.
It is advisable to speak with an attorney familiar with the probate process in order to assure that your interests in a probate case are being well protected.

Any court hearing is a stressful matter, especially to those who are unfamiliar with court hearing. Asking a court for an order requires skill of presentation, which grows in difficulty should the action being sought be contested by others with an interest in the estate.
To give yourself the best chance of success, it is always advisable to receive professional legal advice from an attorney familiar with the probate process.

The court clerk’s office has the required grievance forms should you wish to file a complaint against a judge.
It is advisable, however, to speak with an attorney in advance of taking such action in order to see if any confusion by a party with a judge can be resolved in a less dramatic manner.

Attorney fees are generally charged at a rate of 3% of the gross taxable estate; probate fees are also chargeable against the gross taxable estate but at a lower rate. All professional fees are charged to the estate as accepted probate administration expenses.

A typical real estate transaction (or “closing”) involves the transfer of title from one party to another by way of a formal written document called a ‘Deed”. The parties to a closing are a Seller and a Buyer, who enter into a written contract for the purchase and sale of land, a residential home or commercial property. The Buyer often obtains a bank loan in order to pay the Seller’s purchase price, so it is customary for an attorney for the Buyer to also complete a mortgage transaction with the Buyer’s lender as a component of the real estate transaction.
Since the purchase and/or sale of a home is commonly the largest financial transaction a person will enter into during their lifetimes, it is important to retain an attorney familiar with real estate transactions to protect your interests in this most significant matter.

If you are selling real property, your attorney will assist in the drafting of the contract for sale, will work with your listing broker in resolving an inspection issues which may become an issue, draft the appropriate deed of transfer, and then utilize his/her client escrow account to receive the initial deposit and then the balance of the sale proceeds paid at closing. The attorney will make sure that all appropriate expenses are paid (i.e. broker commissions, loan payoffs, etc), and then provide the Seller with the net sale proceeds.
If you are a buyer of real property, your attorney will review the proposed contract of sale and offer advice as to the terms the seller is offering. A buyer’s attorney will also work closely with the buyer’s lender to assure that a mortgage loan commitment is issued as a prerequisite for the buyer being obligated to purchase the property. A title search will also be arranged by the attorney to assure the buyer that there are no liens or encumbrances affecting the property which would deprive the buyer of “fee simple” ownership of the property, the highest form of title ownership.
Since the purchase and/or sale of a home is commonly the largest financial transaction a person will enter into during their lifetimes, it is important to retain an attorney familiar with real estate transactions to protect your interests in this most significant matter.

A deed is a written document which is the exclusive method of transferring title from seller to buyer. Commonly a ‘Warranty Deed” is prepared by the Seller and tendered to the Buyer. A Warranty Deed serves to protect the buyer and assure that if any subsequent title issue arises (e.g. unreleased lien), the Seller will warrant and defend their title.
It is important to be represented by an attorney to assure that the deed of transfer is properly prepared to accomplish the interests of buyer and seller.

Matters which encumber title to real estate are public documents which appear in the land records in the town clerk’s office in the town where the property is located.
It is imperative that a buyer understand the nature of the seller’s title prior to closing, and have any liens or encumbrances removed in order for the buyer to obtain clear, marketable title.
Since the purchase of a home is commonly the largest financial transaction a person will enter into during their lifetimes, it is important to retain an attorney familiar with real estate transactions to protect your interests in this most significant matter.

A residential transaction involves the purchase of a home on an approved building lot which will allow occupancy of the property upon the issuance of a certificate of occupancy. A commercial transaction centers on a property customarily zoned not for residential occupancy but for an allowable business purpose. It is important in both transactions to be certain that the buyer’s intended use of the property is allowed by local and state land use agencies.

If you are involved in an automobile collision, slip and fall or other traumatic occurrence which results in injuries to your person and/or damages to your personal property, it is critical that you speak with a skilled personal injury attorney to protect your interests to obtain damages which will seek to make you whole.
The process of presenting a claim for compensation is a complex matter which will include communicating with your insurance company and that of the other party (known as the ‘tortfeasor’), obtaining all police reports, photos from the scene of the injury, reviewing medical records and possibly hiring expert witnesses to confirm the liability of the tortfeasor for the injuries suffered.
If you attempt to handle a personal injury matter on your own, there is a strong likelihood a non-lawyer will miss important dates (i.e. the statute of limitation to bring a civil action) and jeopardize an injured person right to obtain just compensation.

After a motor vehicle collision, it is important, it you are physically or emotionally able, to contact law enforcement to assess the injuries and medical needs of the parties, and document the nature of collision, including a determination of which party was liable for the collision. When you are able, you must report the collision to your insurance company, but do not make any statement to any insurance representative until you have spoken with a personal injury attorney.

Connecticut ascribes to the legal doctrine of “Comparative Negligence”, which means that the negligence of each party is assessed and compensation awarded according to each party’s percentage of fault for the accident. By way of example: If it is determined that the injured party is 10% responsible for the accident with the tortfeasor 90% responsible, and if the total value of the case is $100,000.00, the injured party will receive $90,000.00 or 90% of the total value of the case.
As long as the injured party is not found to be liable for more than 50% of the collision, the injured party will be entitled to compensation.

Connecticut has a 2 year period in which an injured party must commence a legal action against the tortfeasor in superior court. With that said, a “claim”, short of initiating a civil law suit, may be presented to the tortfeasor’s insurer once the injured party has been determined by his/her medical providers to have reached maximum medical improvement.

The most important step you can take to maximize your compensation for collision related injuries is to hire an experienced personal injury attorney. Also, it is critical that you follow all medical advice and treatment plans recommended by your physicians. Working closely with your attorney and following their advice is essential for you to build and present your claim.

DO NOT speak with the police or anyone else concerning the incident and speak with an criminal defense attorney as soon as possible. You have a 5 th Amendment right to remain silent and you should respect that right to avoid any adverse inferences being drawn from an emotional utterance you may make to law enforcement which will be used against you at trial.

As soon after being arrested as possible. Your phone call from the police barracks should be to someone who will bail you out, but also ask that person to attempt to secure legal counsel for you.

There are two categories of crimes: misdemeanors (less serious) and the more serious felonies (conviction of which can result in incarceration for more than one year and having devastating effects on your future employment opportunities, etc.).
Any criminal conviction is a potentially life altering event and you are well advised not to proceed in criminal court without an attorney representing your interests.

A non-criminal harm which will not result in incarceration and criminal record, but could result in a monetary judgement being issued against your for such matters as: defamation, breach of contract, negligence and property damage.

Any criminal arrest places the defendant at enormous risk of obtaining a negative result, even if they are innocent. The criminal justice system is detailed and complex, and you should never navigate it alone. Always secure counsel for any crime for which you are charged.