Getting divorced? Don’t forget about your will.

If you and your spouse created a will before you were divorced, the Connecticut General Statues states that in most cases any provision in the will for the benefit of your former spouse is ineffective.

Here’s a great general article from The Balance about divorce as it pertains to wills and estate planning “Revising Your Estate Plan After Divorce.”

While website information like this is helpful, it’s important — especially during critical phases like divorce — to have expert legal counsel.

Contact The Law Office of David C. Minicozzi 203-483-7069 or 203-804-0841 to schedule a consultation today.

(“Will Your Last Will and Testament Work in All States? by Julie Garber, October 31, 2019 on The Balance website, www.thebalance.com.)

YOU SHOULD HIRE AN ATTORNEY TO…Refinance Your Home

By DAVID C. MINICOZZI, Attorney at Law (Branford, CT)

The trend lately is for banks and mortgage companies to perform “notary only” refinances. Homeowners are told it is convenient and cost-effective. What isn’t discussed is that someone needs to obtain the Release of the old mortgage, file it at the Town Hall, and clear your title. Failure to do so will impair your ability to sell or further refinance your home. You also may not be provided the option to obtain Owner’s Title Insurance. This protects you from future claims against your home due to a faulty title search, boundary disputes and other frightening scenarios. Attorneys are excellent at explaining these issues, facilitating the refinance process, clearing up lingering issues from the original purchase, and answering your questions along the way. A notary will not do this. The attorney will explain the legal significance of the important documents you sign. A notary will not (and by law shall not) explain them because they act only in the capacity of an official witness. Massachusetts has taken steps to mandate an attorney be used in residential refinance transactions. They recognize a refinance is an important transaction that affects your most important possession: your home.

In today’s world, an unfortunate trend exists to discount the use of an attorney in certain type of situations. People are told “oh, it’s just a simple transaction,” or “anyone can write that,” or my favorite, “you can save time and money by having a notary or a paralegal do it, or even do it yourself.” Maybe. But by the time you find out a mistake was made it may be too late.

Don’t let that happen to you. Call The Law Office of David C. Minicozzi 203-483-7069 or 203-804-0841 to schedule a consultation today.

How to Legalize Unpermitted Work

Thanks to the folks at the Town of Hebron (CT) Building Department for putting together this informative article about “How to Legalize Unpermitted Work.”


You’ve remodeled your home and turned it into your castle, your refuge and your dream home. When you did the remodeling, you used reputable contractors, but because they were friends, family members or other people you knew, no one pulled permits for the work. Now, you’re trying to sell or refinance your home and you don’t know what to do.

The best option? Confess.

IT’S A MATTER OF PUBLIC RECORD

If you are working with a real estate agent, he or she will ask you if there is anything to disclose to potential buyers. Remodeling or renovating your home without the proper permits is one of those “problems” that you are required by law to disclose. And if you don’t fess up to the permit-less work, it may be discovered anyway by the title company or by a search of the public housing tax and deed records.

CONFESSION CONSEQUENCES

The first consequence of your confession is that it may cause an issue with an interested home buyer. The good news is that this is a fixable situation. The fix, however, may require you to confess to your building department. The department will then require you to pay the permit fee that you should have paid to begin with, which is typically based on the cost of the remodel.

ANCILLARY CONSEQUENCES

Renovating a home without permits may have other consequences as well. What if the additional bathroom or bedroom, or other work you did without a permit is damaged in a flood, hurricane or fire? When you make your insurance claim, the insurance company may deny the claim because the work is technically not legal – that room doesn’t exist to them.

Probably one of the worst consequences of all, although rare, is that the building department may require you to tear down any work completed without a permit, especially if it is not up to code.

If you have done any remodeling, renovations or made additions to your home without pulling a permit, the best thing to do when you get ready to sell is to fess up to everyone. It may cost you some extra money before the sale takes place, but it can save you from lawsuits, additional expenses and further hassle in the long-run.

BEWARE: ISSUES TO CONSIDER FOR WORK CONSTRUCTED WITHOUT A PERMIT

  • Change of ownership does not make unpermitted work legal. If any work was done illegally in the past, the passage of time or a change in ownership does not absolve the current owner of the responsibility to correct the illegal construction.
  • Insurance may not extend to unpermitted improvements. Liability insurance typically does not cover the portions of a property that have been improved without a permit (illegally improved).
  • Work based on the current code. Even if the work was done 5, 10, 15 years ago. The building code that will be used for reviewing the application is the building code that is in effect at the time of the submission of the application. Depending on the scope and location of the unpermitted work, approvals may be required from other departments (planning and zoning, wetlands, health department, WPCA).

PERMITTING PROCESS
The following is [an example of what might be] required in order to apply for a building permit. We’ve used the example of a finished basement, however, the same requirements would be required for other construction projects as well;

  1. A sketch, drawn to scale showing the layout of the entire basement, including unfinished areas. Show the location of all mechanical equipment, electrical panels, well pump, etc. Label the rooms or areas on the use of the space. Include dimensions on the sketch along with information on wall construction, insulation, ceiling height and type.
  2. Download and complete the building/zoning application form.
  3. For all concealed mechanical, electrical and plumbing work that is concealed we will require a letter from each trade contractor, on their letterhead with license number, verifying the work is done correctly and list any corrections performed.
  4. We will make every effort to assist you in this process, however, there may be conditions that will require the removal of wall, floor and/or ceiling finishes as deemed necessary by the building official. Concerns may include lack of firestopping, draftstopping, structural concerns, mechanical work, etc.
  5. Smoke alarms and CO detectors are required to be installed in all dwellings and shall be verified at the time of the inspection.
  6. All permits that are issued for work that is done without a permit will have the following notation: “CONDITION OF ISSUANCE: This permit is being issued to address construction work previously done without the proper permits and inspections. It is not known at this time if any violations of the Connecticut State Building Code exist, which must be remedied before a certificate of approval/occupancy will be issued. This permit should not be construed as approval of any portion of the work previously done.”

For more information on how to legalize unpermitted work, contact Attorney Dave Minicozzi today.

You’re in Business!

“Attorney Minicozzi was able to reestablish my IT consulting firm as an LLC as well as provide customer contracts in a fast and professional manner. He is a one-of-a-kind attorney that I can rely on.” — IT Consultant/Owner

Let Attorney Minicozzi help you with your business matters: commercial natters, contracts, partnership agreements, loan agreements, corporations and LLC.Call the Law Office of David C. Minicozzi 203-483-7069 or 203-804-0841 to schedule a consultation today.

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