The Law Offices of Everett G. Sussman

11/05/2026

Don't It Yourself.

There are some great DIY projects out there, and some really awful ones. One of the worst has to be doing your own estate planning.

Why? There is so much information on the internet, how hard could it be (especially in the age of CHATGPT) to get the information, and do it yourself? Saving money on lawyers is a good thing, isn't it? As a lawyer, I must be biased, right?

In the words of Danny Ocean, "Yes, but that doesn't mean I'm wrong."

You don't know the right questions to ask, the traps that snare the unwary, and the problems that come from doing it wrong.

As I have said in the past, "Doing your own will is like taking an unlabeled drug. If you take the wrong one, you will die before you are able to correct the mistake."

Save yourself, and your family, the headaches. Have a professional prepare your estate plan.

11/02/2026

Unfinished Business

One thing worse than not having an estate plan may be starting one, but never finishing. Picture it: you have done the hard part. You realized you need a plan in place. You made an appointment, saw an attorney, and signed the Engagement Agreement. However, somewhere between that step, and signing the final documents (or funding the trust), you dropped the ball.

Maybe your lawyer sent out first drafts for review, and you haven't reviewed them. Maybe you just haven't confirmed the final appointment. Whatever the cause, your estate plan remains incomplete.

The danger here is, of course, that an incomplete estate plan is ineffective. There is no doctrine in probate of, "C'mon, your honor, you know what he meant." On the contrary, a probate judge is prohibited from enforcing a document (such as a will) unless certain requirements are met.

Don't make the mistake of leaving your estate plan unfinished. After all, an incomplete plan is worse than

10/29/2026

Fur Goodness Sake

For many people, their favorite family member is a pet (especially if you have teenagers). From a legal standpoint, pets are treated as physical property, unless other plans are made.

Those other plans may include a Pet Trust - a document that ensures that your pets are taken care of in the right way, by the right people. Money can be allocated for food, medical care, and even toys.

Your estate plan protects your other family members. Protect the furry (or feathered, finned, or scaled) ones, too. Make an appointment today, to discuss your options.

After all, doesn't Phydaeux deserve the best?

10/26/2026

No guarantees.

Any lawyer will tell you that going into a courtroom - ANY courtroom - is a gamble. Judges and witnesses are human beings, and human beings make mistakes. When people (usually attorneys who are selling living trusts) talk about avoiding probate, they usually focus on the cost and time required. They should be focusing on the uncertainty.

The best way to avoid the uncertainty inherent in any courtroom proceeding is to avoid the proceeding in the first place. Want to avoid a probate bond hearing, a real estate authorization hearing, or an administrator contest? Get a will.

A will, properly drafted and executed, will eliminate the vast majority of probate hearings, thus permitting the estate to sail smoothly forward.

Make an appointment. Begin your estate plan, today. Tomorrow... there are no guarantees.

10/22/2026

Felonies Are Not Estate Planning

From time to time, a client will suggest a course of action that is, stated simply, illegal. Not just a technical violation of some obscure statute - something obviously and clearly improper. I have learned that these clients know that what they propose is illegal. What they are really asking is whether I think they can get away with it. My answer is always the same: "No."

A common example goes as follows: "What if dad gives money to each of his kids, then they all put that money into an account in someone else's name - and that someone else holds it for dad? We all know it's his money, but the nursing home can't get it, and he would qualify for Medicaid, right?"

I calmly explain to the client that they just outlined a proposal for fraud against the State and federal government, as well as potentially creating tax and liability issues with every person involved. At that point, the client drops the plan, and listens to my suggestions.

My point is: before going ahead with an idea to outsmart the law, talk it over with your attorney. Ending up in a prison cell is a very bad estate plan, indeed.

10/19/2026

10/12/2026

Something to think about... and prevent.

10/08/2026

Eschew Obfuscation

Language used in contracts and wills can be confusing. Indeed, the idea of "Legalese" implies that lawyers use odd and archaic terms, possibly out of tradition, possibly to try to sound important, and possibly because the lawyer simply does not know any better.

While law has its share of technical terms and jargon, there is no reason that you, as a client, should not understand anything you are signing. When you review a draft (you ARE carefully reviewing the drafts, right?), ask for an explanation of any word or phrase that you do not immediately understand.

Your job, as a client, is to honestly convey your goals and concerns. The lawyer's job is to translate those into appropriate language. If you do not understand something, ask. If you still do not understand... find a different lawyer.

10/08/2026

The Old Knowledge

When it comes to estate planning, there are certain bits of information that "Everybody knows," because it is has always been done that way. But, just like Aunt Sally's Jell-o mold, not all the old knowledge is still relevant, accurate, or worthy of repetition.

Case in point: everybody knows that going to probate is bad. Many attorneys build their practice with free dinner seminars, to teach the unsuspecting why probate is slow, complicated, and expensive. Only a living trust - conveniently offered by the law firm that is paying for the free dinner - can save them from the horror that is the probate system.

However, by and large, probate in Connecticut is smooth, low-cost, and relatively painless. Probate gets complicated when the assets (closely-held businesses, litigation, or multi-State real estate) are complicated. Probate gets slow when the fiduciary is slow. Probate gets expensive when would-be beneficiaries tie an estate up in knots with challenges and hearings. In short, it is not the probate system that is the problem - it is the people who misuse it.

Don't fear probate. Fear Aunt Sally's Jell-o mold.

10/05/2026

20 Questions?

When you meet with your estate planning attorney, expect to be asked a lot of questions. Some, such as, "Do you own life insurance," are relatively obvious and straightforward. However, some questions may take you by surprise. Questions like: "Is there anyone in your family that you want to prevent from ever serving as a guardian to your children," may cause you to think about concerns that had never been considered.

Try to answer all questions truthfully. If you don't understand a question, say so. Also, if you don't see how a question matters, feel free to ask. Remember: you should feel comfortable with the process, not just the product. If you are not... get a new lawyer.

Now, the real question: what IS your favorite dinosaur? Please answer in the comments.