Our Probate Courts are involved in some of the most intimate details of our lives. They primarily get involved in cases of death or disability. Probate records are also public, which can lead to distribution of personal and financial information you would rather not be “out there.”

Privacy concerns in Probate are nothing new. Attorneys have spread the word about these privacy concerns to the public over the years. Many families recognize the disadvantage of having their information in the public domain and have implemented an estate plan to protect their privacy. Some continue to be skeptical and do nothing. I understand the initial reaction of: “who could possibly be interested in my family’s probate records in small town Connecticut which contain nothing valuable other than a house?” One person that may be interested is that real estate investor down the street…

For those of you that think “it won’t happen to me”, consider the following. First, Diamond Farming Probate Real Estate Kit. This is a real estate investing program for sale throughout the United States that, in the words of its creator, “… explains in detail how you can make bargain, and even super-bargain buys, of real estate property going through probate.” Do you still think nobody is going through the Probate Court records to identify desperate sellers in order to make a low bid?

Second, take a look at Court Records Online. This is a company gathering up court records, including Probate records, to have available for retrieval on its website to anyone that is curious. Do you still think your records are going to stay relatively unknown and anonymous in the basement of the Town Hall?

Today’s topic is your information is valuable to someone. It can be someone you never imagined and someone with no personal agenda other than profit. Whether it is someone trying to make a low bid on your real estate for personal gain or a company just collecting public information for curious people someone is watching.

Are you committed to an estate plan that protects your privacy? I can show you proven techniques to preserve your privacy during disability and death. You can reserve your consultation by calling (860) 593-0404.

“Are you a specialist?”

This question comes up fairly often as an attorney. The medical profession has an extensive established and well-defined structure for specialization. It is natural to assume and hope that a similar structure would be implemented in the legal profession. Unfortunately in Connecticut, there are some big gaps in legal specialization.

As of today, the Connecticut Bar has only completed recognition of five areas of law. These areas are:

Civil Trial practice;
Criminal practice;
Business bankruptcy;
Consumer bankruptcy;
Worker’s Compensation.

Obviously, that only scratches the surface of the many areas that attorneys concentrate their careers in. You’ll notice Elder Law and Estate Planning are nowhere to be found on the list of recognized specializations.

Since the Connecticut Bar does not recognize many specializations, the question “are you an elder law or estate planning specialist?” becomes something of a loaded question. As defined by the Connecticut Bar, no I am not an estate planning or elder law specialist and neither is any other attorney in Connecticut.

From a client’s perspective it is natural to expect a yes or no answer to this simple question. It is also natural to seek out an attorney that can answer “yes” to the specialization question. Unfortunately, the Connecticut Bar has put many attorneys in the position of trying to explain to potential clients why they must answer “no” to this seemingly simple question and immediately create doubt in the potential client’s mind.

If you are reading this as a consumer of legal services, certainly ask this question to the attorney you are considering working with but I encourage you to take this information into account when you receive your answer. If an attorney is not a specialist because the Bar does not recognize a particular specialization, consider the attorneys experience and knowledge with your type of matter. If you now know the Bar does not recognize a particular specialization and an attorney does claim to be a specialist in that field, ask yourself if they are being candid with you.

For additional information on Connecticut’s recognized legal specializations, click here.

Whether you own a small business yourself or you work in an industry that serves small business owners, it is critical to stay on top of the latest tax news. As one of my professors in law school was fond of saying, taxes have some impact on almost everything we do (even if we’re not aware of it). The IRS has a mailing list anyone can sign up for to help stay informed of developments. You can find additional information here.