Free Consultation: (203) 951-1222Tap to Call This Lawyer
Matthew A. Wiley

Matthew A. Wiley

Wiley Etter, LLC - Estate and Business Planning
  • Estate Planning, Business Law, Probate...
  • Connecticut, Florida, New York
Badges
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
Summary

Attorney Wiley worked extensively throughout his undergraduate and law school years in the financial services industry. During the course of this period he spent several years working with Northwestern Mutual in Philadelphia, PA and Hamden, CT. Ultimately he served as investment coordinator for a top ranked Certified Financial Planner, before transitioning his planning experience into the legal arena. Accepting an opportunity with Withers Bergman LLP, Attorney Wiley cultivated his now thriving passion for creating expertly crafted custom estate planning documents. After passing the bar Attorney Wiley practiced under the tutelage of Attorney Suzann Beckett at the Estate Planning Law Center, LLC. Attorney Wiley rapidly emerged as one of the top young attorneys in the industry, starting his own firm in 2012. Insistent on expanding an industry leading Estate, Business, Tax, and Wealth planning practice. Attorney Wiley lives in Trumbull, Connecticut with his wife Amy, his son Luke, daughter Brynn and Sphynx cat. His hobbies include hiking, cooking and adventure blogging.

Practice Areas
  • Estate Planning
  • Business Law
  • Probate
  • Elder Law
  • Real Estate Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Connecticut
Florida
New York
Languages
  • English: Spoken, Written
Education
Quinnipiac University School of Law
J.D. (2009)
-
Drexel University
B.S. (2006) | Management Information Systems and International Business
-
Professional Associations
New York State Bar Association # 795057
Member
Current
Speaking Engagements
Guardian Angel Trusts, Wiley Etter Guardian Angel Trust Seminar, 97 Washington Suite 2 North Haven, CT 06473
http://wileylegal.com/guardian-angel-trust/
On Target, Working with Estate Planners to Protect Your Clients, NAIFA CT ANNUAL CAREER CONFERENCE, https://www.naifact.org/event-2441859
NAIFA
https://www.naifact.org/event-2441859
Websites & Blogs
Website
Wiley Etter, LLC
Legal Answers
14 Questions Answered

Q. must the executor of an estate, which has been through probate, have an attorney
A: An attorney is not required in Connecticut to go through the probate process. Though it is generally a huge help. Probate in CT is a complicated process in which you may not even realize a mistake was made for many years after the estate was "closed". To avoid these types of issues I personally advise everyone to use an attorney (or at least do a consultation with one) before attempting probate on their own. Your fact pattern with contingencies means it is more complicated than most. Therefore, yes, you should get an attorney. Happy to discuss this in more detail if you think it is appropriate.
Q. My mother passed with a will instructing executor to sell condo as soon as practicable and divide proceeds evenly.
A: It would make sense to hire an attorney or at the very least write a letter to the Probate Court. You are in a tough situation that is not black and white. Generally the court is ok with someone staying in the home for about 6 months. After that it becomes rather inappropriate. As to the split of the living expenses during that time it again becomes unclear. It is arguable that he should be paying the fair market value in rent. I suggest you reach out to an attorney for a consultation.
Q. If I die before my spouse and the mortgage and deed are in my name only, will she still inherit our house?
A: It depends. First if you have a will then that will govern who inherits your house at death. If you do not have a will then the CT rules of intestacy govern who inherits your house. The rules depend on whether you have children and a variety of other factors. Surprisingly, usually the spouse does not inherit 100% of a deceased spouses assets at death under intestacy. Why leave it to chance when you can easily prepare a fairly basic will to avoid this situation. The mortgage debt is secured to the property. Regardless of your death it has to be paid by whoever ends up owning the house. After your death it would no longer be personally guaranteed but the debt would still be attached to the house. The bank still has foreclosure rights over said house.
Q. What is the protocol for initiating a Mutual Distribution Agreement offer in CT. ? How should one party approach others?
A: The attorney should be the first one you discuss it with. You may ultimately need an attorney as a beneficiary as well. In order to get that MDA approved everyone and the Probate Judge would need to be in agreement.
Q. There are three biological children who are not named in the will but are needed to assign a PR in the State of Georgia,
A: This issue is quite complex. Your question does not provide enough information to fully answer it. Feel free to give my office a call and schedule a consultation and we can discuss this in more detail. 203.446.4725. Reading between the lines. It sounds like someone died in GA and chose to disinherit their children. While I can not speak to Georgia law specifically in almost all states children are mandatory notice parties even if disinherited. Therefore you will have the opportunity to review the documents and confirm. That being said there are a lot of situations where assets can transfer outside of the will.
Q. A Mutual Distribution Agreement, Involving a Charity, represented by the AG office.
A: No. The Executor or Trustee would represent the grantors intent to the extent it is allowed. The AG would represent potentially the charity and definitely the public's interest. Intent is somewhat irrelevant to the AG in this context.
Q. I delivered a car but the person died before he paid for it. Can I send the bill to his kids?
A: You can do whatever you want to do. However, technically you need to file a claim against his estate. If you do not file the claim following a very specific set of rules your request for money can legally be denied. Generally the claim must be sent to his executor (which is published in the newspaper) within either 3 months or 5 months depending on the very specific rule that applies. Needless to say do not delay and it probably makes sense to have an attorney file the claim for you to be sure that you met all formalities.
Q. I have a business partner in AL, I am in CT. We are going to have a business agreement.
A: You can have an agreement with someone from out of state. You can pick any law you would like to avail yourself too. It is not necessarily bad to use CT law. Many national business agreements tend to be in NY or DE. It is also possible to change the state at a later date. For most people it comes down to convenience should their be a dispute between partners. In some cases such as national stock companies DE is a significant advantage. Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship
Q. I am unclear what amount should be entered in Section 3, Part 2 of form CT-706NT for my husband's monthly pension.
A: This is actually a pretty complicated question. Both options you have suggested are the wrong answer. You should meet with an attorney to discuss the options and the pros and cons of classification. From my perspective their are three options: 1. It is not listed as the type of account may be exempt (facts will matter) 2. The bank can give you a form 712 or some type of value for it. 3. You can manually calculate the time over money and include it. I apologize for not giving you a definite answer but it is not the kind of answer you can get on an internet message board. You need to meet with a competent Estate Attorney and seek out their guidance on how to fill out this tax form.
Click here to see all answers
Social Media
Contact & Map
North Haven Office
97 Washington Ave. Ste. 2
North Haven, CT 06473
USA
Telephone: (203) 951-1222
Fax: (203) 889-0193