Showing posts with label lawyer. Show all posts
Showing posts with label lawyer. Show all posts
Tuesday, July 21, 2009
Use Your Handsfree Device while Driving
Forgeting your bluetooth or handsfree device may cost you $100.00 on your first offense. Be carefull the police are cracking down on enforcing this provision under the Law. I can tell you from firsthand knowledge that if you are caught talking without you handsfree device then you will be ticketed. Dont think it is the next guy who will be pulled over as it may be you.
Saturday, April 5, 2008
What to Do When Involved in a Car Accident in Connecticut
What to Do When Involved in a Car Accident in Connecticut
Connecticut Auto Accident Information
If you are involved in an auto accident, you may be entitled to recover damaged for your pain and suffering, emotional distress, loss of enjoyment of life, disability, medical expenses, loss of earning, inconvenience and property damage.
What to do When Injured in a Car accident in Connecticut?
1. If you are seriously injured or concerned that you may require immediate medical attention then seek help for emergency workers.
2. If you are not in need of emergency or immediate medical attention, take time to survey the area where the accident occurred including important details:
a. Identity of the driver of the other vehicle(s);
b. Identify any possible witness to the accident – identify them to the police officer;
c. Look for skid marks as well as other evidence such as broken glass, broken tail lights
or other parts that have been damaged also noting any debris location;
3. Obtain information from the other driver:
a. Name;
b. Address;
c. Phone number;
d. Name of insurance company.
4. Talk with the police officer
a. Make sure you clearly inform the investigating officer of your understanding of how
the accident happened.
5. If you have a cell phone with a camera or a other camera take pictures of the scene, roadway, driver(s), passenger(s) and the vehicles themselves.
6. Obtain information of any witnesses:
a. Name;
b. Address;
c. Phone number;
From the beginning , you need to have the understanding that you life may change as a result of what just occurred. Cooperation and assistance from the insurance companies will play a major component in getting your affairs back in order. The insurance adjuster has one mindset – pay you a little as possible to get you to sign a release.
Successfully dealing with this process are those who can find an attorney who will take on the responsibility of getting their clients car fixed and properly adjusted or replace if required, dealing with doctors or other medical providers to verify you get the treatment you need and lastly how it will get paid – either med pay (part of your automobile policy) or your medical insurance.
Connecticut Auto Accident Information
If you are involved in an auto accident, you may be entitled to recover damaged for your pain and suffering, emotional distress, loss of enjoyment of life, disability, medical expenses, loss of earning, inconvenience and property damage.
What to do When Injured in a Car accident in Connecticut?
1. If you are seriously injured or concerned that you may require immediate medical attention then seek help for emergency workers.
2. If you are not in need of emergency or immediate medical attention, take time to survey the area where the accident occurred including important details:
a. Identity of the driver of the other vehicle(s);
b. Identify any possible witness to the accident – identify them to the police officer;
c. Look for skid marks as well as other evidence such as broken glass, broken tail lights
or other parts that have been damaged also noting any debris location;
3. Obtain information from the other driver:
a. Name;
b. Address;
c. Phone number;
d. Name of insurance company.
4. Talk with the police officer
a. Make sure you clearly inform the investigating officer of your understanding of how
the accident happened.
5. If you have a cell phone with a camera or a other camera take pictures of the scene, roadway, driver(s), passenger(s) and the vehicles themselves.
6. Obtain information of any witnesses:
a. Name;
b. Address;
c. Phone number;
From the beginning , you need to have the understanding that you life may change as a result of what just occurred. Cooperation and assistance from the insurance companies will play a major component in getting your affairs back in order. The insurance adjuster has one mindset – pay you a little as possible to get you to sign a release.
Successfully dealing with this process are those who can find an attorney who will take on the responsibility of getting their clients car fixed and properly adjusted or replace if required, dealing with doctors or other medical providers to verify you get the treatment you need and lastly how it will get paid – either med pay (part of your automobile policy) or your medical insurance.
Wednesday, April 2, 2008
Is it worth it to pay an Attorney and/or Mediator?
Should I hire an attorney and/or mediator?
One of the biggest – and most often cited – expenses related to litigation, divorce and/or contested judicial matters is the attorney and/or mediator. There is a perpetual debate over the value of services provided by professionals, attorney and/or mediator. In the legal practice this controversy is sometimes confronted head-on by judicial system itself. After all, going “pro se” (individuals representing themselves) requires greater resources to be allocated by the State and Federal Government than individuals or businesses with the assistance of legal counsel who can navigate their way throughout the process.
In this blog we’ll examine the underlying factors that come into play when involved in a lawsuit, litigation or general dispute with – or without – an attorney and/or mediator, so that you can make your own informed decisions about the subject. After all, it’s your money, your property, your children or the like and most of all your choice.
Representing yourself, or “pro se” is worthy of consideration, and can save you an initial expenditure of funds to hire an attorney but you must consider not just the present but your future obligations both direct and indirect. To represent yourself, you will need to understand the legal and judicial process, and let alone the laws and statutes they may impact your ability to obtain the relief that you are seeking. But many people decide to represent themselves instead of hiring attorneys and/or mediators during the initial process and only involve an attorney after the fact i.e. judgment had entered, and for that reason it is a reasonable and common practice to hire your advocate before the process potentially may impact your future advocates ability to undo what occurs during the initial proceedings.
You will be forced to deal with many issues when involved in litigation. There may be depositions, court dates, hearings, trials or a process you don’t know about, or an issue that you are too involved with to view with objective eyes. You might need experienced advice to assist you in examining your options when faced with a fork in the road. Without quick and professional resolution of these types of problems, you could face serious consequences, both financially and emotionally.
For these reasons, the most overlooked, underrated, and valuable justification for hiring an attorney and/or mediator is that it gives you the opportunity to negotiate through a professional, experienced, and emotionally objective third party who has your best interest in mind.
Because the attorney will be negotiating/advocating on your behalf, it is essential that you hire someone you can trust, communicate with, and rely upon. Many parties feel most confident when they are able to choose an attorney from their own community who understands their needs.
The decision to hire an attorney and/or mediator or go it alone as a “pro se” is a complicated and important one, and there are many variables to take into consideration.
If I can be of any assistance to you when your situation requires legal counsel please contact me mfasanojr@duffyandfasano.com. My name is Michael A. Fasano Jr. and I am with Duffy & Fasano, attorneys and counselors at law. I service the New Haven County area, Litchfield County Area with a focus on Waterbury, Litchfield and the beautiful Northwest Hills.
One of the biggest – and most often cited – expenses related to litigation, divorce and/or contested judicial matters is the attorney and/or mediator. There is a perpetual debate over the value of services provided by professionals, attorney and/or mediator. In the legal practice this controversy is sometimes confronted head-on by judicial system itself. After all, going “pro se” (individuals representing themselves) requires greater resources to be allocated by the State and Federal Government than individuals or businesses with the assistance of legal counsel who can navigate their way throughout the process.
In this blog we’ll examine the underlying factors that come into play when involved in a lawsuit, litigation or general dispute with – or without – an attorney and/or mediator, so that you can make your own informed decisions about the subject. After all, it’s your money, your property, your children or the like and most of all your choice.
Representing yourself, or “pro se” is worthy of consideration, and can save you an initial expenditure of funds to hire an attorney but you must consider not just the present but your future obligations both direct and indirect. To represent yourself, you will need to understand the legal and judicial process, and let alone the laws and statutes they may impact your ability to obtain the relief that you are seeking. But many people decide to represent themselves instead of hiring attorneys and/or mediators during the initial process and only involve an attorney after the fact i.e. judgment had entered, and for that reason it is a reasonable and common practice to hire your advocate before the process potentially may impact your future advocates ability to undo what occurs during the initial proceedings.
You will be forced to deal with many issues when involved in litigation. There may be depositions, court dates, hearings, trials or a process you don’t know about, or an issue that you are too involved with to view with objective eyes. You might need experienced advice to assist you in examining your options when faced with a fork in the road. Without quick and professional resolution of these types of problems, you could face serious consequences, both financially and emotionally.
For these reasons, the most overlooked, underrated, and valuable justification for hiring an attorney and/or mediator is that it gives you the opportunity to negotiate through a professional, experienced, and emotionally objective third party who has your best interest in mind.
Because the attorney will be negotiating/advocating on your behalf, it is essential that you hire someone you can trust, communicate with, and rely upon. Many parties feel most confident when they are able to choose an attorney from their own community who understands their needs.
The decision to hire an attorney and/or mediator or go it alone as a “pro se” is a complicated and important one, and there are many variables to take into consideration.
If I can be of any assistance to you when your situation requires legal counsel please contact me mfasanojr@duffyandfasano.com. My name is Michael A. Fasano Jr. and I am with Duffy & Fasano, attorneys and counselors at law. I service the New Haven County area, Litchfield County Area with a focus on Waterbury, Litchfield and the beautiful Northwest Hills.
Tuesday, April 1, 2008
Connecticut’s Conveyance Tax May Be Extended for Two Years
House Bill 5885 - Is Connecticut’s Conveyance Tax Increase Temporary?
The temporary fix to Connecticut’s financial problems may continue to be supplemented by the increased conveyance tax for both the State and local municipalities. A conveyance tax is imposed and collected based upon the sales price of the real property being sold. In Connecticut the conveyance tax is customarily paid by the seller at the time of the sale.
The increase in the conveyance tax was supposed to expire (sunset) July 1, 2007. A sunset gives lawmakers a chance to review laws and then after its review decide to continue them or not. Apparently, this increase shall not expire but continue for at least two more years at this rate.
If you are selling your home at a loss you may have to bring money to the closing table to pay this conveyance tax in addition to the other fees associated with the closing, including real estate commissions, attorneys fees etc. Conversely, a bank that acquires a property through the foreclosure process does not pay a conveyance tax on that foreclosed property. A conveyance tax is bourn only by a home seller regardless of the length of time the seller has owned the home.
The tax is calculated on the total sale price, not the equity or the profit that the seller makes. Every day at the closing table you can feel the stress that the homeowner, often bringing money to the closing table to avoid foreclosure or a high interest rate usually unexpected with that variable rate mortgage. Seniors in this state are being affected who live on a fixed income and need all of the equity that they have built over years of home ownership when it's time to sell their property.
Your home is one of your greatest investments and you don't want to see your equity going to a state government that continues to increase our taxes. Sunset the conveyance tax and hold the politicians to their word of a temporary increase and not a permanent increase disguised by temporary renewals of the tax.
The temporary fix to Connecticut’s financial problems may continue to be supplemented by the increased conveyance tax for both the State and local municipalities. A conveyance tax is imposed and collected based upon the sales price of the real property being sold. In Connecticut the conveyance tax is customarily paid by the seller at the time of the sale.
The increase in the conveyance tax was supposed to expire (sunset) July 1, 2007. A sunset gives lawmakers a chance to review laws and then after its review decide to continue them or not. Apparently, this increase shall not expire but continue for at least two more years at this rate.
If you are selling your home at a loss you may have to bring money to the closing table to pay this conveyance tax in addition to the other fees associated with the closing, including real estate commissions, attorneys fees etc. Conversely, a bank that acquires a property through the foreclosure process does not pay a conveyance tax on that foreclosed property. A conveyance tax is bourn only by a home seller regardless of the length of time the seller has owned the home.
The tax is calculated on the total sale price, not the equity or the profit that the seller makes. Every day at the closing table you can feel the stress that the homeowner, often bringing money to the closing table to avoid foreclosure or a high interest rate usually unexpected with that variable rate mortgage. Seniors in this state are being affected who live on a fixed income and need all of the equity that they have built over years of home ownership when it's time to sell their property.
Your home is one of your greatest investments and you don't want to see your equity going to a state government that continues to increase our taxes. Sunset the conveyance tax and hold the politicians to their word of a temporary increase and not a permanent increase disguised by temporary renewals of the tax.
Monday, March 17, 2008
What if you Settle and Judgment Enters
What if a Judgment Has Entered Against You?
The plaintiff, the individual or other type of entity could now proceed upon their judgment. Collection procedures once commenced can in most circumstances include executions against your bank accounts, personal property, or income.
If Judgment has not entered and you have failed to respond and you may have been insured for this type of loss and they are demanding an amount greater than your insurance policy it does not mean that they are entitled to an amount greater, just that they are claiming they are. You should turn this matter over to your insurance company. If they do not respond to the claims made against you, you may have a claim for bad faith against your insurance company. Your insurance company is required, in good faith, to represent you.
The plaintiff, the individual or other type of entity could now proceed upon their judgment. Collection procedures once commenced can in most circumstances include executions against your bank accounts, personal property, or income.
If Judgment has not entered and you have failed to respond and you may have been insured for this type of loss and they are demanding an amount greater than your insurance policy it does not mean that they are entitled to an amount greater, just that they are claiming they are. You should turn this matter over to your insurance company. If they do not respond to the claims made against you, you may have a claim for bad faith against your insurance company. Your insurance company is required, in good faith, to represent you.
Saturday, March 8, 2008
Connecticut Foreclosure
Some Information on Foreclosures by Sale in Connecticut
If you are dealing with an imminent foreclosure or in the midst of one you should immediately consult with an attorney . Your rights to any equity of redemption may be effected in the event you fail to act on your behalf. What is your equity post-foreclosure sale or transfer - its any money you may be entitled to after the foreclosure goes to judgment then its ultimate disposition through the judicial department.
A foreclosure by sale would be conducted by a committee for sale, an attorney within the judicial district appointed by the Court to conduct the sale. It is that committee which is appointed to foster the highest sale price. The auction would be Ordered for a date certain which is customarily as Saturday at noon. Typically, there will be an inspection period for approximately two hours before the sale. The auction will have been advertised by either a sign erected upon the premises and/or an advertisement take out in the local newspaper for the next two preceding Sunday or other days as Ordered by the Court. For the most part both a sign and newspaper ad with be Ordered in my opinion. On the date of the Sale the committee may utilize the services of a police officer and/or locksmith to further the auction. Liability insurance will be obtained for the date of the sale.
The day of the auction:
If you are still in possession of the property expect that on the date of the auction the committee whose name you should know from the judicial notices and/or sign erected upon the property will arrive on or about ten a.m. or thereabouts. It is you choice to permit potential bidders to inspect that portion of the property which is occupied. Remember, it is in your interests to assist the committee in generating the highest bid.
People who desire to bid would register with the committee and be issued a number. To register you must provide you name, contact information and a bank or certified funds in an amount usually equal to ten percent of the property's drive by appraisal as valued on the date of judgment.
At noon the auction opens, customarily with a faxed bid from the foreclosing plaintiff. Then bidding would be conducted with the numbers issued to the approved bidders previously registered with the committee. The highest bidder would be required to execute a bond for deed essentially a contract to purchase. Beware, the successful bidder will be required to purchase the property within thirty days or as further Ordered by the Court from the date the Court approves the Sale. Please be mindful especially under the new guidelines that banks are imposing for mortgages these days the potential inability for the bank or lending institution to conduct a full appraisal may put your deposit at risk. Failure to close within those thirty days may upon Order of the Court forfeit your deposit - substantial for the most part.
I have been acting as a committee for some time now and have yet to see a piece of property go for a dollar.
If you are dealing with an imminent foreclosure or in the midst of one you should immediately consult with an attorney . Your rights to any equity of redemption may be effected in the event you fail to act on your behalf. What is your equity post-foreclosure sale or transfer - its any money you may be entitled to after the foreclosure goes to judgment then its ultimate disposition through the judicial department.
A foreclosure by sale would be conducted by a committee for sale, an attorney within the judicial district appointed by the Court to conduct the sale. It is that committee which is appointed to foster the highest sale price. The auction would be Ordered for a date certain which is customarily as Saturday at noon. Typically, there will be an inspection period for approximately two hours before the sale. The auction will have been advertised by either a sign erected upon the premises and/or an advertisement take out in the local newspaper for the next two preceding Sunday or other days as Ordered by the Court. For the most part both a sign and newspaper ad with be Ordered in my opinion. On the date of the Sale the committee may utilize the services of a police officer and/or locksmith to further the auction. Liability insurance will be obtained for the date of the sale.
The day of the auction:
If you are still in possession of the property expect that on the date of the auction the committee whose name you should know from the judicial notices and/or sign erected upon the property will arrive on or about ten a.m. or thereabouts. It is you choice to permit potential bidders to inspect that portion of the property which is occupied. Remember, it is in your interests to assist the committee in generating the highest bid.
People who desire to bid would register with the committee and be issued a number. To register you must provide you name, contact information and a bank or certified funds in an amount usually equal to ten percent of the property's drive by appraisal as valued on the date of judgment.
At noon the auction opens, customarily with a faxed bid from the foreclosing plaintiff. Then bidding would be conducted with the numbers issued to the approved bidders previously registered with the committee. The highest bidder would be required to execute a bond for deed essentially a contract to purchase. Beware, the successful bidder will be required to purchase the property within thirty days or as further Ordered by the Court from the date the Court approves the Sale. Please be mindful especially under the new guidelines that banks are imposing for mortgages these days the potential inability for the bank or lending institution to conduct a full appraisal may put your deposit at risk. Failure to close within those thirty days may upon Order of the Court forfeit your deposit - substantial for the most part.
I have been acting as a committee for some time now and have yet to see a piece of property go for a dollar.
Will Florida and Michigan Delegates be Seated at DNC
Who is really going to decide
Florida and Michigan decided on their own that they want to set the tone for the national primaries. Per the democratic nation committee rules only four states can hold primaries and/or caucuses before February 5, 2008, in spite of these rules Florida and Michigan voted to hold their primaries on January 29, 2008 thus violating the party's rules. The consequence of this action is that their delegates would not be seated at the the DNC in Denver, Colorado this summer or have their votes counted toward the Democratic nominee.
Record number voters turned out - Hillary wins. Obama decided to take his name out of the running and now that the race is so close. Neither Obama or Hillary don't have the number of delegates to win. Now its time they come back and want to the change the rules.
What about fair play and following the rules?
Should they be permitted to be seated/counted? Should they cause taxpayers money to be diverted from other noble causes to have a re-do. All along it was both Florida and Michigan's choice to put themselves and their party in this positions which may create a divide amongst the party. Be careful what you vote for because it can come back and haunt you.
Florida and Michigan decided on their own that they want to set the tone for the national primaries. Per the democratic nation committee rules only four states can hold primaries and/or caucuses before February 5, 2008, in spite of these rules Florida and Michigan voted to hold their primaries on January 29, 2008 thus violating the party's rules. The consequence of this action is that their delegates would not be seated at the the DNC in Denver, Colorado this summer or have their votes counted toward the Democratic nominee.
Record number voters turned out - Hillary wins. Obama decided to take his name out of the running and now that the race is so close. Neither Obama or Hillary don't have the number of delegates to win. Now its time they come back and want to the change the rules.
What about fair play and following the rules?
Should they be permitted to be seated/counted? Should they cause taxpayers money to be diverted from other noble causes to have a re-do. All along it was both Florida and Michigan's choice to put themselves and their party in this positions which may create a divide amongst the party. Be careful what you vote for because it can come back and haunt you.
Wednesday, March 5, 2008
The Best Interests of the Minor Child
Guardian Ad Litem versus Attorney for the Child
The role of a Guardian Ad Litem (GAL) is to advocate to the Court for what is in the Best Interests of the Child. The guardian ad litem may form his/her own opinion based upon the independent investigation made during the pendency of the litigation which may include information obtained by others including but not limited to doctors, state agencies, therapist, and teachers. No attorney client privilege exists so the Guardian Ad Litem may testify and be cross examined about the opinion being offered.
The Attorney for the Minor Child (AMC) is to be a zealous advocate for the child and to act as an advisor. The rules of professional conduct state in pertinent parts “a lawyer shall abide by a client’s decision concerning the objectives of representation” Rule 1.2; “render candid advice” Rule 2.1 and “as far as reasonably possible, maintain a normal client-lawyer relationship with the client.” Rule 1.14. The attorney client privilege does apply in this type of appointment.
Some of the factors considers in the “Best Interest” standards are the parenting skills; each parents relationship, both psychological and emotional, ties to the child; compliance with Orders of the Court specifically promoting access; past behavior as it related to parenting skills; recommendations of Family Relations; credibility and either parents coercive behavior involving the child in the litigation.
The child’s preference is important but is never conclusive upon the Court. The consideration that must be determined is if the child is of sufficient age and capable of forming an intelligent preference.
I like to describe the difference between the Guardian Ad Litem and the Attorney for the Minor child as follows: if your child wanted to eat ice cream for breakfast, lunch and dinner – every day – the Guardian would advocate that the best interests are not served by this type of diet while the Attorney for the Child would advocate for chocolate, strawberry or vanilla.
The role of a Guardian Ad Litem (GAL) is to advocate to the Court for what is in the Best Interests of the Child. The guardian ad litem may form his/her own opinion based upon the independent investigation made during the pendency of the litigation which may include information obtained by others including but not limited to doctors, state agencies, therapist, and teachers. No attorney client privilege exists so the Guardian Ad Litem may testify and be cross examined about the opinion being offered.
The Attorney for the Minor Child (AMC) is to be a zealous advocate for the child and to act as an advisor. The rules of professional conduct state in pertinent parts “a lawyer shall abide by a client’s decision concerning the objectives of representation” Rule 1.2; “render candid advice” Rule 2.1 and “as far as reasonably possible, maintain a normal client-lawyer relationship with the client.” Rule 1.14. The attorney client privilege does apply in this type of appointment.
Some of the factors considers in the “Best Interest” standards are the parenting skills; each parents relationship, both psychological and emotional, ties to the child; compliance with Orders of the Court specifically promoting access; past behavior as it related to parenting skills; recommendations of Family Relations; credibility and either parents coercive behavior involving the child in the litigation.
The child’s preference is important but is never conclusive upon the Court. The consideration that must be determined is if the child is of sufficient age and capable of forming an intelligent preference.
I like to describe the difference between the Guardian Ad Litem and the Attorney for the Minor child as follows: if your child wanted to eat ice cream for breakfast, lunch and dinner – every day – the Guardian would advocate that the best interests are not served by this type of diet while the Attorney for the Child would advocate for chocolate, strawberry or vanilla.
Saturday, March 1, 2008
Legal Issues Affecting Your Pets in the State of Connecticut
What happens when….
We become incapacitated and can’t care for ourselves let alone our dogs;
Without plans, your affairs are in flux;
Decisions are left to others
What happens when
We die without a will
The laws of intestacy control
May not be what you want
Costs wont be as manageable
Dogs will not be considered differently from the kitchen table
“A dog, for all of its admirable and unique qualities is not a human being and is not treated in the law as such”Texas Court of Civil Appeals
A dog cant own property
A dog cant be a beneficiary in a will
A dog is considered as personal property and gets distributed under the terms of your will or the laws of intestacy
Poor roxy the dog
Thelma left “everything I own to my friend Chester and Roxy my dog.”
Thelma’s niece contested the will and won even though she left a note urging Chester not to let her niece get her hands on her property no matter what it took to stop them.
Court can’t enforce a provision contrary to law
What others have done…
USA Today reports that 27% of Americans have made provisions for their dogs
British singer Dusty Springfield’s will made strict provisions for her cat, Nicholas to be fed imported baby food and her songs to be played at his bedtime
What others have done…
Tobacco heiress Doris Duke left a trust in the amount of $100,000 for her dog
It is reported that Oprah Winfrey’s will mandates that her Cocker Spaniels will live out their lives in luxury.
What can you Do?
Connecticut does not yet recognize “honorary trusts” or bequests to your dog
Leave your dog to someone YOU choose in your will
Leave an amount of money to a specific individual with a specific amount of money for the care of your dog
The Bad news is…
Even though your will is clear, there’s no guarantee your wishes will be carried out
Probate Court wont check to see if your gift of money is being used for the dog
Suggestions
Carry a card in your wallet stating that you have a dog that needs to be cared for
Identify the name, address and phone number of the person who has agreed to take over
Suggestions
Leave the dog and money to the new owner
“If my dog Laila,is alive at my death, I leave her and $5000 to be used for her care to Sam Spade. If Sam is unable to care for Laila, I leave her and the $5000 to Sue Jones.”
Suggestions
Leave the dog to one person, money to another
“I leave my dog Laila, if she is alive at the time of my death to Brian Smith.”
“If my dog Laila is alive at my death, I leave $5000 for her care to Karen Jones. I desire that she give Brian Smith, as long as he has custody of Laila, $100 per month for Laila’s care. I also desire that, in addition, she use the money to pay Laila’s veterinary bills or otherwise reimburse Brian for vet bills he pays”
“Many have forgottenthis truth, but you mustnot forget it.You become responsible foreverfor what you have tamed.”The Little Prince
Prepared by Michael A Fasano
We become incapacitated and can’t care for ourselves let alone our dogs;
Without plans, your affairs are in flux;
Decisions are left to others
What happens when
We die without a will
The laws of intestacy control
May not be what you want
Costs wont be as manageable
Dogs will not be considered differently from the kitchen table
“A dog, for all of its admirable and unique qualities is not a human being and is not treated in the law as such”Texas Court of Civil Appeals
A dog cant own property
A dog cant be a beneficiary in a will
A dog is considered as personal property and gets distributed under the terms of your will or the laws of intestacy
Poor roxy the dog
Thelma left “everything I own to my friend Chester and Roxy my dog.”
Thelma’s niece contested the will and won even though she left a note urging Chester not to let her niece get her hands on her property no matter what it took to stop them.
Court can’t enforce a provision contrary to law
What others have done…
USA Today reports that 27% of Americans have made provisions for their dogs
British singer Dusty Springfield’s will made strict provisions for her cat, Nicholas to be fed imported baby food and her songs to be played at his bedtime
What others have done…
Tobacco heiress Doris Duke left a trust in the amount of $100,000 for her dog
It is reported that Oprah Winfrey’s will mandates that her Cocker Spaniels will live out their lives in luxury.
What can you Do?
Connecticut does not yet recognize “honorary trusts” or bequests to your dog
Leave your dog to someone YOU choose in your will
Leave an amount of money to a specific individual with a specific amount of money for the care of your dog
The Bad news is…
Even though your will is clear, there’s no guarantee your wishes will be carried out
Probate Court wont check to see if your gift of money is being used for the dog
Suggestions
Carry a card in your wallet stating that you have a dog that needs to be cared for
Identify the name, address and phone number of the person who has agreed to take over
Suggestions
Leave the dog and money to the new owner
“If my dog Laila,is alive at my death, I leave her and $5000 to be used for her care to Sam Spade. If Sam is unable to care for Laila, I leave her and the $5000 to Sue Jones.”
Suggestions
Leave the dog to one person, money to another
“I leave my dog Laila, if she is alive at the time of my death to Brian Smith.”
“If my dog Laila is alive at my death, I leave $5000 for her care to Karen Jones. I desire that she give Brian Smith, as long as he has custody of Laila, $100 per month for Laila’s care. I also desire that, in addition, she use the money to pay Laila’s veterinary bills or otherwise reimburse Brian for vet bills he pays”
“Many have forgottenthis truth, but you mustnot forget it.You become responsible foreverfor what you have tamed.”The Little Prince
Prepared by Michael A Fasano
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