Probate Law

Fairfield County CT Probate Law AttorneyAt Costello, Brennan & DeVidas, P.C. we represent clients in a wide range of probate matters. From drafting your Last Will and Testament and Living Will to representation of fiduciaries in proceedings before the Probate Court, our attorneys have the experience and commitment to assist you with your plans for future generations. The attorneys of Costello, Brennan & DeVidas, P.C. also represent parties in conservatorship, guardianship, termination of parental rights and adoption proceedings before the Probate Court.

Wills, Living Wills and Powers of Attorney

A well-crafted Will, Living Will and Power of Attorney are invaluable tools that help you and your family plan for future uncertainty. Your Will is the document by which many of your assets pass to your family and heirs. A Will can also designate who shall care for your children and establish financial provisions for them. Your Living Will is a statement of your health care wishes in the event that you are unable to make your own medical decisions. A Living Will can also provide for a health care representative to make health care decisions for you if you are incapacitated. While a Living Will makes provisions for addressing your health and well being in the event of incapacity, a Durable Power of Attorney permits a trusted individual to make important and urgent financial decisions in your time of need. The attorneys of Costello, Brennan & DeVidas, P.C. are ready to advise you as plan for your family.

Administration of Estates

The loss of a loved one is difficult and leads to the need to address issues concerning the settlement of their estate and their wishes for the distribution of their assets. The assets of the person who has died must be inventoried, creditors paid and the remaining assets distributed to heirs. This process is generally necessary whether the individual died having signed a will – “testate”, or without a will – “intestate”. If the person died leaving minor children, important issues concerning the care of those children must also be addressed. The responsibility for handing these issues often falls upon a family member acting as the Executor, who is also grieving their loss. The attorneys of Costello, Brennan & DeVidas, P.C. have excellent experience representing fiduciaries in the settlement of estates. Our attorneys can represent you before the appropriate Probate Court and help develop appropriate solutions to the issues encountered.

Conservatorships and Guardianships

Probate Courts in Connecticut have jurisdiction over the appointment of conservators and guardians of minors and adults. Conservators of the person and/or of the estate may be appointed when an individual becomes incapable of managing their own personal and financial affairs, respectively. The attorneys of Costello, Brennan & DeVidas, P.C. have represented proposed wards and their families to ensure that they are properly cared for and without an undue loss of their personal liberty.

The Probate Court may appoint a guardian for a minor child when a biological parent is unable to provide for their child’s health, educational and general well-being. A guardian may be appointed on either a temporary or permanent basis, depending on the situation. The Probate Court also has jurisdiction to appoint guardians of individuals over eighteen (18) years of age who have special needs that prevent them from being able to care for themselves. Consult with an attorney of Costello, Brennan & DeVidas, P.C. to determine if you or your loved one would benefit from representation in a guardianship proceeding.

Termination of Parental Rights and Adoption

The termination of parental rights is a significant course of action over which the Probate Court has jurisdiction. If you are either seeking the termination of the other parent’s rights, or defending against the termination of your own rights, it is strongly advisable to retain legal counsel. The adoption of a child by a new parent often accompanies the termination of the former parent’s rights and creates a new permanent parent-child relationship. These proceedings are governed by strict statutes and implicate a wide range of rights and responsibilities. In the difficult situations that these cases often arise in, trust the attorneys of Costello, Brennan & DeVidas, P.C. to represent your interests with sensitivity and strength.