Home NEWS CONTACT US

divorce final

 

Issues that should be followed up with once your divorce is finalized….giving these due diligence now will prevent problems in the future…..

IF REAL PROPERTY WAS PART OF YOUR SETTLEMENT….

  1. Be sure the deed transferring it to you is actually recorded
  2. Be sure to change the homeowners insurance to reflect you as the new owner
  3. If there is a mortgage on the property, be sure its now in the name of the new owner…if you no longer own the property, you certainly do not want to the mortgage liability on your credit.

 

DO YOU HAVE DESIGNATED BENEFICIARIES…

  1. Is your ex-spouse a beneficiary on your life insurance..
  2. Don’t forget to check your IRA’s and other annuities and make necessary changes to the beneficiaries

 

DO YOU HAVE ESTATE PLANNING DOCUMENTS….

  1. Be sure to re-draft your will, power of attorney, healthcare agent, and any other documents done prior to the divorce, as they are now void

 

 

 

personal property

It is not uncommon the hear stories of family members fighting over their deceased relative’s personal property. Brother Joe wants the tool collection, but so does sister Jill….which niece or nephew, aunt, uncle, cousin gets the heirloom porcelain vase collection, or items of jewelry or family pictures, items of clothing or the whatever else that had been in possession of the deceased. These feuds can regrettably lead to family members no longer speaking to one another. All this can be avoided with some simple planning.

If there are items of significant value, either monetarily or emotionally, they can be distributed within an individual’s Last Will and Testament by way of a specific bequest and these bequests are binding upon the estate executor to carry out.

As another option, one that is not legally binding, but more of an emotional commitment, the individual can create a list of personal items to be given to specific persons. With the list in hand, family members might be less inclined to argue and be more accepting of the wishes of the deceased.

However, even with the best of planning, some families just can’t get along or agree on anything. And when that happens the fiduciary will take whatever action that in their opinion best complies with the intent of the deceased. And when all else fails, the matter will be decided in probate court.

Looking for Connecticut personal injury attorneys? For an experienced Personal Injury Attorney near you, call Attorney Evelina M. Ruszkowski, an associate of the Prue Law Group, P.C. with offices in Willimantic and Brooklyn. When you have been injured and need legal advice, you want your lawyer to fight for the equitable compensation you deserve. We are the legal team you can trust with your personal injury case. Our staff will handle your case in a sensitive and compassionate manner. Well versed in personal injury law, Attorney Ruszkowski’s background includes Motor Vehicle Accidents, Work Related Incidents, Defective Products, Professional Malpractice, and Negligent Maintenance of Property. Learn more about Attorney Ruszkowski  here.

After your injury, you may be approached by an insurance agency. The Insurance Company wants to settle out of court. Be aware that the insurance company is looking out for their best interest, not yours.  Before accepting any settlement, call The Prue Law Group to have a professional review your case. Personal injury law allows a person to go to civil court and get compensation for all losses stemming from an accident. There is a two year lawsuit filing deadline in Connecticut. In instances where your injuries require medical treatments and time lost from work, it is vital to keep good records. If you are entitled to compensation, they will pay for medical treatment, injuries and lost wages. You may also be compensated for physical or mental pain and suffering.

 

COMPREHENSIVE LEGAL SERVICES

No matter what type of personal injury you have sustained in Connecticut, call Attorney Evelina Ruszkowski.  She will review the details of your case and explain your rights. The legal team at The Prue Law Group, P.C. will complete a professional investigation, obtain necessary police reports, connect with medical providers, assess damages and always will be your advocate, whether or not your case goes to court. The Prue Law Group works hard to provide the most cost-effective and efficient legal services in the region. Attorney Evelina Ruszkowski is a graduate of the University of New Hampshire, School of Law and holds two Bachelor of Science degrees in Electrical and Biomedical Engineering and a minor in Business from the University of Rhode Island. Professionally, she previously worked as a paralegal in a firm in downtown Providence, Rhode Island for over five-years dealing with many personal injury cases. Advocating and getting clients the results they deserve is her passion. She is licensed to practice law in Connecticut and Massachusetts. Professional Profile Attorney Ruszkowski. When you have been injured and have questions about your case, call Attorney Evelina Ruszkowski at (860) 423-9231. When Legal Matters, Call The Prue Law Group,P.C. with over 35 years of professional service in Connecticut.

Personal Injury Attorneys | Connecticut | Prue Law Group

Connecticut Power of Attorney Lawyers
Have you considered what Connecticut power of attorney lawyers can do for you? Now may be the time to call The Prue Law Group, P.C., a leading eastern CT law firm for matters concerning estate planning. A power of attorney is part of that plan. We believe it is important to understand what a power of attorney is and how it benefits you and/ or your business. The fact is that illness, injury, old age, and situations unexpectedly change our lives. A power of attorney is a legal document that lets you name someone you trust to act on your behalf when you are unable. We believe it is important to get your affairs in order, no matter what age you may be.

Becoming mentally incapacitated would render you unable to make important choices for yourself. With Covid-19 up front and center in our lives, many of us have changed our daily routines. With travel and social restrictions, going to the bank or conducting business has also changed. Some people wish to avoid social interactions completely. Many people, particularly the elderly, are thinking seriously about their personal medical directives. An injury, accident, or stroke could render you unable to pay your bills or go to your bank. At Prue Law Group, we believe it is important to prepare for sudden illness or similar scenarios. It is important to start discussing your personal plans with your spouse, a friend, or a family member.

 

 Your Power of Attorney Will Speak for You and the Person You Designate Will Act for You.

Consult the attorneys at The Prue Law Group with questions or concerns regarding power of attorney. Our attorneys and paralegals answer questions about the powers being granted and provide counsel on your candidate agent. We make sure your document meets all legal requirements. Choosing an agent who will make decisions and carry our transactions when you are unable to do so can be a difficult decision. Why burden your loved ones with the most important decisions of your life?  Make an appointment for a power of attorney consultation. Our staff of attorneys and paralegals work closely with our clients.

 

Don’t Delay – Call The Prue Law Group Today!

Why burden your loved ones with the most important decisions of your life?  Make an appointment for a power of attorney consultation. Our staff of attorneys and paralegals work closely with our clients. Spare your loved ones from making these difficult decisions! Talk to The Prue Law Group about assigning Power of Attorney to a trusted agent today. When Legal Matters, call the Prue Law Group at 860-423-9231.
 

 

Power of Attorney Lawyers | Connecticut | The Prue Law Group, P.C.

 

Polly Want A Cracker? No, Polly Wants Her Own Estate Plan

When you have a beloved animal in your life and want to provide for their well-being after you are gone, contact the pet trust lawyers CT at The Prue Law Group, P.C. Ensure the future welfare of your beloved dog, cat, exotic bird or whatever animal is part of your family. We will be happy to discuss Pet Trusts with you. Call (860) 423-9231.

 

pet trust lawyers ct

For many of us our pets are loved as part of our family, and as such, we want to provide for them when we no longer are able. It is not uncommon for many of our clients to inquire as to what steps can be taken to protect their pets upon their death or their own incapacity.

For more than a decade, Connecticut law has provided just such a method. As part of your estate plan, you can establish a “Pet Trust” and it is enforceable within our probate court system so as to guarantee your wishes are complied with.

These pet trusts can:

  1. Designate someone to care for your pet and even appoint a person, known as a “Trust Protector”, to supervise the care the pet is receiving from the designated caregiver.
  2. Be funded so that there are monies set aside to provide food, cover medical costs, housing costs, and other expenses that the caregiver may incur while taking care of your beloved pet.
  3. Direct that the person caring for your pets be reimbursed for their time and expense.
  4. Specify where any remaining funds not used for your pet upon their death are distributed to family, friends, or perhaps an animal shelter.
  5. And as with all estate trusts, the Probate Court will require annual accountings to ensure your wishes are properly complied with.

Statistics tell us that each year hundreds of thousands of pets are placed in shelters or abandoned, situations that you would never want for them and estate planning tools such as a “pet trust” are effective and simple steps to care for them.

 

CONSIDERATIONS ABOUT PET TRUSTS

When you want to provide for the care and well-being of a pet, follow this list of considerations.

Firstly, determine what pet(s) to include in the trust. The pet may be identified by your pet’s name, photograph and a written description. Include a microchip number, DNA profile, and registration papers. Next, write a detailed directive on the type of care you desire for your pet. Include specific treatments, emergency care, daily care, grooming, boarding, walking or other services.

When determining how much money to fund the trust, you need to consider the pet’s life expectancy, special needs, daily cost of food, shelter, and medical services. It may be a good idea leave sufficient funds for pet insurance.

Next, you must designate a Trustee, a Caregiver, a Trust Protector, and the remainder Beneficiary.

  • The Trustee is typically a family member or friend who is familiar with your pet. This is a person who will treat your pet as a member of the family.
  • You may wish to appoint a Caregiver rather than the Trustee to care for your pet. The Caregiver would be compensated by the Trustee.
  • Connecticut law requires that you appoint a Trust Protector. The Trust Protector makes sure that the Trust assets are being used for your pet. The Trust Protector may report directly to the Probate or Superior Court to enforce its provisions, remove the trustee or order an accounting.
  • The remainder Beneficiary is one named to receive any remaining funds when your pet dies.
  • Lastly, make arrangements for the final disposition of your pet upon its death. Include instructions for burial, cremation or memorial ceremony.

 

TAXES

Pets are not recognized as trust beneficiaries under federal law. The trust receives no income distribution deduction for distributions and pays income taxes on taxable income. The trust is entitled to deduct the amount of distributable net income paid to the caregiver or Trustee and the Caregiver or Trustee recognizes this taxable income on his or her own income tax return. Connecticut recognizes a trust for the benefit of a pet, but does not qualify for an estate deduction.

 

Pet Trust Lawyers CT | The Prue Law Group, P.C.

 

Connecticut Estate Planning Lawyers
Call The Prue Law Group, P.C. when you need advice from knowledgeable Connecticut estate planning lawyers. A leading Eastern Connecticut attorney, Patrick M. Prue has decades of experience in legal matters regarding estate planning, asset protection and wealth management. Attorney Prue and his staff at The Prue Law Group, P.C. will work closely with you to address the issues that affect your assets and heirs. Estate Planning encompasses all services pertaining to wills, creation of trusts, drafting powers of attorney and preparing for Title 19 eligibility. Conservatorships, living wills and advanced medical directives are also taken into consideration in estate planning.

An estate plan is as individual as each family is. Estate plans are developed based on your current situation while considering the future and how you want your property distributed upon your death. The legal team at The Prue Law Group helps individuals understand their options under many scenarios and will work closely with you to help you formulate the best plan for you personally. Preparing for late-life health care needs protects your estate and assets against unnecessary loss. It is through the process of estate planning whereby you can not only protect your assets, but also your rights as a patient, and assure your personal dignity in a medical emergency. Failure to formulate an estate plan could risk significant loss due to taxes and probate costs. When Legal Matters, call the Prue Law Group, P.C.

Don’t Delay – Call Today

Achieve the peace of mind that comes with advance planning for your loved ones. Our staff of attorneys and paralegals work closely with our clients. Talk to The Prue Law Group about making an estate plan. The financial well-being of your family may depend upon it. Call today: 860-423-9231.
 

 

Connecticut Estate Planning Lawyers | Prue Law Group, PC 

Preventing Liability from a Dog Bite Case

Disclaimer: This blog, like many of our others, contains legal information and suggestions that are specific to Connecticut State laws. The legality of these statements is subject to change, they may not be the same as laws within other states, and ordinances may vary from town-to-town within the State of Connecticut. Additionally, this blog refers to domesticated animals as pets. Owners of exotic pets are strictly liable for damages caused by their pets regardless of whether or not they follow these guidelines for domesticated animals.

Being held liable for damages caused by dog bites could negatively affect both you and your dog. Often times, victims can recover for medical treatment and medications they already received, any future medical treatments, psychological counseling, a loss of earning capacity, and punitive damages. In addition to this, the law requires that the dog(s) responsible for the bite is placed in quarantine (usually for about 14 days) at a public pound, vet hospital, or other place approved by local authorities in order to assure the dog(s) does not have rabies.

A responsible pet owner takes precautions before a potential dog bite case could occur to prevent one from occurring, and to protect themselves and their pet from liability. Use the following information in order to help limit your liability according to CT State Laws.

Leashes

In Connecticut, the general statutes do not mandate that dogs are required to be leashed; however, they must not be allowed to roam on another person’s land, a public highway, or sidewalk unleashed, and roaming laws may be subject to local government ordinances.

If an owner, who was convicted in the preceding year of allowing a dog to roam, allows a dog to roam, and that dog physically injures someone who isn’t otherwise liable for the injury, that owner is subject to fines, imprisonment, or a combination of the two.

A primary way to prevent a dog bite from occurring is to leash and appropriately prevent a dog from roaming.

Vaccinations

A responsible pet owner makes sure that their pets receive the necessary vaccinations. This protects their animals, as well as other animals, from the spread of dangerous diseases. When you vaccinate your pets, keep copies of these medical records, especially rabies vaccinations.

If your animal does bite someone, you will need to locate and preserve these records.

Warnings

Giving the public an adequate warning about your pet can prevent or minimize liability for the owner and should help prevent someone from getting hurt in the first place. A common example of this would be placing a warning sign on your property about the animal, such as “BEWARE OF DOG”.

Providing people with a clear warning about your pet can mitigate your liability as the owner if that warning was ignored because the injury was therefore foreseeable.

Trespassing & Prevention

If the victim of a dog bite was committing a trespass or other tort on the owner’s property when the bite occurred, the owner will not be held liable for the damages. Regardless of whether there was a fence or other enclosure, the owner would not be liable in the case of a trespass.

However, if your animal trespasses on someone else’s property, you are liable for any damages that occur to people or property as a result.

Properly enclosing your property and/or pet helps to prevent damage to property or people from occurring either on your property or someone else’s.

Children (Under the Age of 7)

Trespasses and other torts cannot be applied to children under the age of seven. Additionally, it is assumed that children under seven were not teasing, tormenting, or torturing an animal. A child under seven will not be found responsible for damages that occurred to them. Thus, if a child under the age of seven was bitten or attacked by a pet, the owner is liable for the injuries sustained by default.

Use caution when allowing children under seven to have contact with a pet, or prohibit it outright. Children are less capable of understanding how to approach an animal and are less likely to assess the safety of such an animal before approaching it. You will be liable for damages that occur to children under seven.

Insurance

In the case that a dog bite did occur, homeowners insurance and even car insurance often covers animal attacks. As a responsible pet owner, you’ll want to make sure to check that your insurance policy covers such an incident.

Important: Recently, many insurance policies have defined criteria by which they will not cover damages. These often include specific breeds of dogs or certain types of pets that some insurance companies deem to be at a higher risk inclination to cause damages.

If you don’t yet have an insurance policy, or your existing one doesn’t cover animal attacks or your specific pet, you need to ensure that it does. The best plan of action as a responsible pet owner is to put measures in place to prevent an attack, limit your liability if one were to take place, and then insure yourself against any damages you do become liable for.

Responding to an Attack & Legal Representation

If your pet does attack someone, you should first seek medical attention for the victim. Make a physical record of the names, numbers, and addresses of the victim(s) and any witnesses. Additionally, try to avoid making any statements about the situation. This is also the point in time when you should locate your pet’s medical records mentioned earlier.

Consult an attorney so that you can discuss with them what events occurred, what your rights are, and how the situation can be remedied. It’s important to seek professional legal advice because once a bite occurs, everything that happens afterward is based on legal precedents and legal interpretations of what occurred.

If a dog bite or other such animal attack does occur, what you do afterward is almost as important as the steps you took beforehand to prevent an attack. Make sure that you adequately respond to the initial incident, and then prepare and protect yourself legally in order to protect both you and your pet(s).

If you have any other questions about dog and animal bite cases, always feel free to call (860) 423-9231 (between 9 am – 5 pm EST) to speak with one of The Prue Law Group, P.C.’s legal professionals!

Changes in CT’s Power of Attorney and Living Will, and Why You Need to Change them ASAP!

If you live in the State of CT, then you need to be aware of a very important change made in October 2016!

For the past thirty plus years, the State of Connecticut had one specific form for both Power of Attorney and Living Will. However, in October 2016, these forms changed! Documents signed before October 2016 will no longer be honored! The most important change in the Power of Attorney is that you can no longer designate someone to make medical decisions for you.

The State of Connecticut has completely changed how you designate someone to make your medical decisions. Now, you must specify Health Care Agent in a Living Will. Previously, Living Wills covered only terminal medical decisions. Now, they cover both terminal and day-to-day medical decisions. By updating your Living Will, you can designate a Health Care Agent that will be honored, due to the changes made to the Power of Attorney.

It is of the utmost importance to you that these documents are updated in order to meet the State of Connecticut’s current format for designating Health Care Agents. At this time, it would be a good idea to review your full estate plan as well. If you don’t already have a Power of Attorney or Living Will, you should consider creating one. Keep in mind, you will not be able to legally designate a Health Care Agent for day-to-day or terminal medical decisions without one!

If you want to create a Living Will or Power of Attorney, you can contact The Prue Law Group, P.C. at (860) 423-9231 to make an appointment with our team.

The 15 Reasons to Update Your Will

When your will isn’t updated and reviewed at these critical points in time, there’s a potential that your loved ones will become emotionally divided, and they may also be left with the emotional and financial burden of unnecessary legal proceedings and fees.

It can be difficult to identify what these critical points in time are. That’s why we’ve created a list of 15 reasons you should put updating or creating your will at the top of your to-do list.

1. You haven’t created a will.

If you haven’t created a will yet, then you should make creating one a top priority. With a will, you can decide who will receive your property and assets after your death. You can choose who will receive custody of your children and pets as well as set aside funds for your children and grandchildren. You can create a testamentary trust and choose your executor. You can also plan for your funeral, service, burial, cremation, or other personal matters. You can amend or revoke your will.

2. You haven’t checked your will in the last 3 to 5 years.

Your will should be reviewed and revised every 3 to 5 years. Within this time frame a lot of things can change including marriages and long-term relationships, state laws, acquisitions or dispositions of funds and assets, the growth of families, health, etc. Each of these changes create concerns for the execution of your will, and if they aren’t addressed regularly, your will may be ineffective and create more difficulty rather than ease for your loved ones following your passing.

3. There may be new laws in your state.

The most important among these are changes in inheritance tax laws and laws concerning same-sex marriages.

4. The value of your estate has recently increased or decreased.

Any significant increase or decrease in the value of your estate is a reason to update your will. You may need to redistribute the estate to your loved ones.

5. You haven’t recently discussed your assets with your attorney.

Discussing your assets with your attorney regularly helps to avoid inheritance taxes.

6. You’ve recently acquired a significant asset (Real estate, business, estate).

If you’ve recently acquired new assets, of any kind, then you should update your will. For example, if you purchased real estate as an income property, a vacation home, or a fixer upper, you should address what needs to happen with this asset in the event of your passing.

Other important assets include businesses and estates.

7. You are recently married or are in a committed long-term relationship.

After marriage, you should update your will to reflect this change. Meeting with an attorney and discussing how your states’ marriage laws affect your will is strongly suggested.

Perhaps you aren’t married, but you are in a long-term relationship. If in the event of your passing you would like your partner to be a beneficiary, you have to dictate this in a will. Updating your will helps to ensure that your partner receives the assets you want them to receive.

8. You are recently divorced or are separated from your spouse.

If you’re divorced or separated from your spouse, you should make changes to your will as soon as possible. They may still be entitled to your assets, and you’ll want to revise your will to reflect your new arrangements.

9. New people should be named in your will (children, grandchildren, etc.)

If you are a new or expectant parent or grandparent (congratulations!) you should update your will to reflect these changes. You may need to redistribute assets among beneficiaries, or negotiate how these new beneficiaries can receive and use the assets they inherit from you.

Perhaps there’s another person who you would like to become a beneficiary. You should meet with an attorney to discuss how to include them in your will as well.

10. Children or grandchildren have reached the age of 18.

Any beneficiary of your will who was previously under the age of 18, but who has recently entered adulthood needs to be addressed at this time. The ways in which they had previously inherited your will may have changed since you last updated your will, and you will want to make changes to ensure that they can remain a recipient. It’s important that you take time to address creating or revising trusts for these members of your family.

11. Poor health of yourself or poor health of beneficiaries.

If you or a beneficiary are in poor health, then you should revise your will. You may need to determine with an attorney how these health concerns could affect your beneficiaries inheritance, and what changes may need to be made to your will and what steps are available to you to preserve what you have worked throughout your life to gather for your family.

12. You need to change the executor of your will.

There are many reasons you may need to change the executor of your will. Perhaps the previous executor has passed away, you’ve become divorced or separated, or you have determined that there is a more reputable executor. Either way, you will want to make this change as soon as possible.

13. Loss of beneficiaries.

In the event that a beneficiary has passed away or you’ve become otherwise detached, you should revise your will. Perhaps they were the parent of another beneficiary, or maybe they were receiving a portion of one of your assets. These and other concerns should be addressed as soon as possible.

14. You’ve recently started a gifting program.

When you start making gifts to family members, you should address how this affects your existing beneficiaries. Do you need to redistribute your assets in the event that certain beneficiaries are now left with less than others? Does your will still do what it was intended to do? These are all questions and concerns that you should go over with an attorney.

15. You are nearing the age of 70 and a half, or you have surpassed this age.

Prior to reaching 70and a halfyears of age, you need to review and update existing estate plans if you have an IRA, 401(k), or other qualified plan that requires you to begin to take distributions once you reach 70 and a half years of age. The beneficiary that you designate will have an irrevocable impact on the required distributions that you will want to address with your attorney.

If you’re thinking that you may need to update your will, you can contact The Prue Law Group, P.C. at (860) 423-9231 to make an appointment with our team.

 

At the Prue Law Group, one of the most common reasons why clients come in is to discuss Title XIX (19) application. Unlike divorces,
personal injury cases, and estate planning, many people know little to nothing about what Title 19 is or what an application entails. For your convenience, we’ve listed some of the most frequently asked questions we get from clients about Title 19.

What is Title 19 (Medicaid)?

The Social Security Act of 1935 was created in order to promise provisions for various people in need. Title XIX of this Social Security Act
(also known as Medicaid) is a medical assistance program administered by individual states in compliance with federal regulations. Title 19 covers the cost of convalescent home care and long-term medical needs when an individual is no longer able to. Variations of the program are also available to keep people in their home while providing the care and assistance necessary.

Senior couple paying a visit at accountant

When Should I Begin the Application Process?

The Prue Law Group has over thirty-five years of experience in elder law and Title 19 applications. Based on our experience, we can say with quite a bit of certainty that, when it comes to Title 19 application, we suggest you begin the process at least 3 months before you plan on submitting the application. This amount of time allows you to compile the information and documents that you will need in order to apply for Title 19, and you will reduce the chance that your application is denied.

She's always there when things don't look too good

Is Applying Difficult?

Yes, it is very difficult to apply for Title 19. The guidelines for Title 19 are extensive, and the regulations are numerous. From our 35 plus years of experience in Connecticut, The State of Connecticut is extremely vigilant, and one small error can lead to denial of your application. Take our word for it, you don’t want to compound one problem by creating another. Always seek professional legal assistance for Title 19. It will save you time, not only during the application process, but it will also help ascertain the necessary care for you or your loved ones sooner!

Large stack of files, paperwork. Close-up. Desk, office. Nobody.

Do I Risk Losing All of My Hard-Earned Assets?

With proper planning before you file the application, it is often possible to save a large portion of your hard-earned assets. Several months before an application is submitted, you should develop a “spend down” plan. Such a plan is designed to take maximum advantage of the regulations to handle your assets wisely.

Happy senior man and young woman in living room

Can I Stay Home and Still Receive Assistance?

In the State of Connecticut, the answer is yes! The State of Connecticut provides for persons to stay at home while still qualifying for various forms of state and federal assistance programs.

Financial plan for retirement

If I Seek Legal Assistance, What Will the Cost Be?

Nothing. Your legal fees and other costs are essentially “free” because you are required to “spend down” assets to meet the eligibility requirements for Medicaid. Your legal costs are allowed as part of the spend down!

Seeking professional legal guidance for Title 19 applications will cost you nothing. Not seeking legal guidance could cost you both money and time!

Do you still have questions or concerns about Title 19 and the application process? Feel free to call 1 (860) 423-9231 to speak with one of The Prue Law Group, P.C.’s legal professionals, or email info@pruelawgroup.com for further advice and assistance!