Estate Tips, Accomplishments in Office

Estate Tips

Hi, I am the Probate Judge for the Westport-Weston District. Want some estate tips? Here we go.

1. Keep Your Estate Under $40,000: In CT, if your probatable estate is under $40,000, you do not have to open a “full estate”. No executor, no accounting. Merely file a form, a death certificate, the original Will (if there is one), and ask the court to distribute the $40,000 to next of kin. The only form you must file in all estates is Form 706 or 706-NT, the CT estate tax return.

2. What is a probatable estate? Assets which are in the sole name of the deceased, and have no designated beneficiary. For example, a life insurance policy which has a designated beneficiary is not part of a probatable estate, because the policy itself tells you who gets the money. Probatable assets are distributed via a Will. If there is no Will, those assets are given to next of kin, via our statute.

3. What is the most important part of a Will? In my opinion, the most important clause in your Will is your choice of executor. The executor should be a person who reflects your values, who knows how you would decide who gets the china and silverware. The arguments that end up in probate court frequently concern the choices made by an executor. Choose wisely, and always choose a back-up successor. Waive bond so your estate does not have to pay an extra fee to insure the honesty of your executor.

4. Specific Bequests. Specific bequests are those such as “I give my blue Ming Vase to my favorite niece, Ann,” or “I give $50,000 to my best friend, Steve.” Specific bequests must be paid before anything else is distributed. So make sure that you have enough money to give to your favorite people before you make any specific bequests.

5. Keep some money in your estate, in your own name. If you have all your money in joint accounts, or transfer on death accounts, then your estate will have no money. Who pays your funeral bill? Who pays the expenses of your house until it is sold? Who pays any fees, taxes, medical bills you might owe? That’s when the mess begins, because sometimes the people who inherited via those joint accounts do not want to give back the money to the estate. So (especially if you are single), keep enough money in your own name to satisfy these obligations.

Why Re-Elect Judge Lisa Wexler? Because she … ‌

• Changed the way real estate sales were monitored in our Court.
• Kept Court open full-time during the entirety of Covid. Judge Wexler attended Court five days per week. In-person hearings were resumed promptly after the crisis passed.
• Reduced legal fees of lawyers representing estates.
• Accommodated requests to hear matters at the home of persons who cannot come to Court.
• Appointed non-lawyers to fiduciary positions.
• Hired a superb clerk staff, including two attorneys.
• Initiated the availability of CDs of Court hearings.
• Opened the Court on Tuesday nights for free lectures.
• Advocated at the State Capitol on many issues affecting vulnerable persons.
• Brought therapy dogs to Court.
• Created a free, quarterly probate law newsletter.
• Became a successful mediator of disputes within the Probate Court system.
• Cares about the people in her courtroom.

What Are People Saying About Judge Lisa Wexler?

“Our Probate Court handles some of the most difficult issues many of us may ever face, from custody disputes to guardianships to the appointment of a conservator. That’s why it is critical to have a Probate Judge who not only has a keen understanding of the law, but the compassion and kindness to help people get through difficult times. Lisa Wexler is such a Judge and for the past 9 years has done an extraordinary job leading our Probate Court. I am proud to endorse Lisa for re-election and hope you will join me in supporting her.”
John McKinney, former State Senator, Westport

“Judge Wexler has always impressed me with her intelligence, energy, dedication and commitment to providing the fairest and best possible service to those who appear before her in Probate Court.”
Dr. Warren Steinberg, Westport and Weston

“We support Lisa Wexler as Probate Judge .We recently had experience with her and found her to be thorough and professional. In addition she is a wonderful and considerate person.”
Marilisa Beccalli & John Ritzcovan, Westport