Probate Judge Advises Seniors To Plan Ahead

By Jan Howard

Newtown Probate Judge Margot Hall discussed the protective role of the probate court during the October 19 Lunch and Learn Program sponsored by The Learning Center at Ashlar of Newtown.

“We do things to protect people who can’t protect themselves,” Judge Hall told program attendees. “There is a circle around everyone we can draw using the word protection.”

Judge Hall, who has served as probate judge for 14 years, is in her fourth term. There are 123 probate districts in Connecticut, each of which is presided over by a judge of probate who is elected for a four-year term.

She explained that the probate court is the oldest court in the United States. When it was designated in 1666, there were five courts in Connecticut. Probate records for Newtown were filed in Danbury and Fairfield until 1820 when the Newtown Probate Court was constituted.

“Most of the judges are attorneys,” Judge Hall said. “I am not.” She noted that the role of the probate judge is not to give advice but to make sure a person’s plan is carried out as he/she wishes.

“Be on top of your plan,” she advised.

She said issues presented to the probate courts are sometimes complex. Because of that, a person should seek professional advice so legal rights are protected.

Many matters can come before the Probate Court, Judge Hall said, including probating wills and administration of estates; overseeing testamentary and living trusts; determining title to real and personal property; construing the meaning of wills and trusts; appointing guardians for the mentally retarded; appointing conservators of the person and the estate of incapable individuals; committing those suffering from mental illness, alcoholism, or drug addition to an appropriate facility; removing unfit parents as guardians of their children; terminating parental rights of parents who cannot fulfill parental responsibilities; granting adoptions; and granting name changes, among other matters.

“Sometimes we can be asked to interpret the terms of a will,” she said. “I’ve never had to do it.”

“We are there to protect you,” she said, noting people should appoint a conservator in case of disability. “Think about that — it can happen to any of us.”

While people should have a living will regarding medical wishes, she said, “A conservator goes a little further.” The appointed person would help with housing and personal needs as well as medical, she noted.

In regard to a conservator, it is very important to make a plan while you can, she said. It is an arrangement between two people that enumerates what the duties and responsibilities of the conservator would be. If a conservator is not appointed and a person is disabled, the court would appoint someone.

A conservator is supervised by the court, which receives an annual accounting. The conservator, she noted, “is the recipient of power that is accountable to the court.

“We decide if they are doing a good job,” Judge Hall said.

In regard to the administration of decedents’ estates, Judge Hall said, “There is more to protect than the decedent. Creditors are protected also.” Creditors, she added, have 150 days in which to advise that they have a bill outstanding.

A decedent’s will is overseen by the probate court to make sure property is divided among those persons legally entitled to it. If the person left a will, the division will be carried out according to his/her wishes.

If the decedent did not leave a will, his/her property will be divided according to state statute. “It sets how the money is to be distributed,” she said.

Part of the probate court’s responsibility is to ascertain the identity of heirs, she said, and there is a process by which to find them. “Most of the time we find somebody.”

She said it is important for people to have a plan. “It’s pleasanter not to have to go by state statute.”

A will must be witnessed by two people who know the person, who can attest that the person is of proper age, sound mind, and is not under duress, she said.

Talk to the person who will be executor of your will, she advised. “Have all your valuable information in a spot for them,” such as a safe deposit box. “The nightstand is a favored spot,” she said.

If a decedent has a safe deposit box, the probate court can issue an order authorizing a family member or other suitable person to gain access to the box. If a will is discovered, it will then have to be filed in the probate court.

In cases of a small estate not exceeding $20,000, transfer of tangible and intangible personal property such as bank accounts, stock, bonds, unpaid wages, death benefits, insurance proceeds, or motor vehicles can be passed to the surviving spouse or next of kin. The only requirement is that the surviving spouse, next of kin, or some suitable person files an affidavit in the probate court stating the funeral expenses and other debts have been paid.

In regard to removing unfit parents as guardians of their children, Judge Hall said her office would also approve the appointment of another person to take the child.

“The termination of parental rights takes place after very thorough studies and investigation,” she said “We make our best efforts when rights are to be terminated. The child is then available for adoption by another parent.

“Granting adoptions is usually a very joyful occasion,” Judge Hall said. “We have a lot of fun doing that. We really enjoy it.

“The probate court is not needed by everyone,” Judge Hall said. “We open about 200 files a year.”

The court charges a fee for its services, which is set by law, she said. “Those fees support us. The town gives us office space, but the rest is all earned by the court.”

Judge Hall explained there are changes taking place in the probate court system. The courts of some communities have been consolidated through action of the state legislature. Also, she noted, a children’s court has been established in New Haven for ten communities. “It’s a model,” she said. “It may spill over to us.”

Probate-related applications and other forms are available on the Judicial Branch’s website, www.jud.state.ct.us, by clicking on “Court Forms” under “Tools for Practice.” Forms are also available at the probate court.