Frequently Asked Questions

FAQs

At Darius Law Group, our attorneys strive to provide the best legal representation for our clients in Rocky Hill, Connecticut. Backed by years of experience, we help individuals, families and corporations with

  • Family Law
  • Real Estate
  • Estate Planning
  • Business & Corporate Law
  • Probate
  • Civil Litigation

“Probate” refers to the court-supervised process of closing out an estate after a loved one dies. In Connecticut, this is usually done by gathering assets and distributing them to creditors and beneficiaries in accordance with a Will. The attorneys at the Darius Law Group realize how overwhelming and stressful this can be, and are here to help you and your family through the probate process.

Every Connecticut trust names a trustee, who is responsible for distributing and managing the assets held in a trust according to the trust terms. Trust litigations involve legal disputes over a trust, between beneficiaries and trustees, and other third parties involved.

There are different types of legal disputes that can end in trust litigation, including:

  • The trustee’s failure to make timely distributions
  • Claims of excessive trustee compensation
  • A beneficiary believes they’re not receiving the right amount of shares from the trust

In Rocky Hill, CT, trustees owe a legal fiduciary duty to the beneficiaries of a trust. This includes:

  • Duty of full disclosure
  • A duty of loyalty, and,
  • A duty of care.

A trust contest lawsuit is filed in Connecticut probate court, stating the arguments for challenging the trust.

After the trust lawsuit has been filed, our Rocky Hill attorneys will move quickly to process the relevant documents to your case.

In Connecticut, child custody is divided into two types: physical and legal. The person with legal custody has the right to make important decisions for the child. Physical custody also called “primary residence” often refers to a parent having the child most of the time, which may or may not be both parents.

As the most common arrangement, joint legal custody gives both parents an equal voice in the children’s upbringing. However, in some circumstances, sole legal and physical custody should be granted to one parent. Should that happen, the other parent generally receives a fair visitation schedule.

Children’s best interests are considered when judges decide custody arrangements. Connecticut General Statute Sections 46b through 56(c) identify several factors that might be taken into account in making a decision. They include:

  • The child’s preference
  • Each parent’s ability to provide a stable home environment
  • The stability of the child’s current home environment
  • Length of time spent in the current home environment
  • How adjusted the child is to their present home and school situation
  • Which parent is best positioned to meet the child’s special needs, if any
  • Any history of child abuse or domestic violence
  • Misconduct by either parent during the fight over custody
  • Other factors the court deems relevant to the case

There is nothing more difficult than contemplating or beginning divorce proceedings. We always encourage the first step be having an initial consultation our experienced divorce attorneys at Darius Law Group.

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