Amy Zabetakis is a founding partner at Rucci Law Group, LLC. After pursuing a joint J.D./M.B.A from Georgetown University, Amy took a job in New York City working with large corporate clients. While her work provided her with ample worthwhile experience, she soon realized that a more personal approach might suit her better.

Q: What is it that makes RLG so special?

A: The relationships we have with our clients are longstanding and ongoing. We get to see them buy their first home, set up a business and in some cases we end up helping the second generation buy their first homes, it’s a very rewarding and family centric experience.

Q: Do you find that living and working in the same community makes the work harder? Easier? More fulfilling?

A: I really enjoy working in the town I live in because I get to personally see the results. I have a personal stake in the community, and feel a sense of responsibility because I care greatly about the people here. I also think I understand the town in a way only an actual resident can.

Q: What specific area of the law do you tend to focus on?

A: I work mainly in the areas of real estate, land use and zoning, but the truth is, nothing happens in a vacuum, so I always make sure I’m looking at a situation from a more holistic vantage point. I want my clients to know they can count on me for advice even if it doesn’t pertain to one of my main practice areas.

Q: What about outside the office?

A: I really love this community and I like to try and make an impact on a local level.  I’m fairly involved personally and professionally in a number of non-profit organizations.  I am currently on the Board of  A Better Chance in Darien which provides scholarships and housing to a group of young women from underserved communities to allow them to attend Darien High School.  I love the program because I feel that it helps both the girls in the program and the DHS community.

Q: Any last thoughts?

A: I love the opportunities my practice gives me to get to know the people and businesses in my community. When I was in law school I never envisioned myself owning a small local law practice but now I can’t imagine doing anything else.

Thinking of moving? Before listing your house, make sure you’re putting your best foot forward by assembling a team of trusted advisors. A real estate agent and an attorney can look out for your best interests, guide you and help you navigate the process as seamlessly as possible.

The first step in getting top dollar for your home is pricing it properly. A house that is properly priced will see more activity and sell more quickly than one that’s overpriced. The initial asking price is incredibly important and should be based on facts and knowledge, not the opinion of your friend, neighbor or coworker. Your real estate agent can help you target a realistic asking price based on important factors like market value and comparable homes in the area.

Next, you should make sure that there are no “problems” lurking behind the scenes. Do a quick check to make sure that your title, taxes, assessments, building permits and flood elevation are all in order. This information is publicly available to potential buyers so it’s best that you do what you can to identify and mitigate any potential problems prior to listing your property.

Although you can do some of the preliminary work on your own, the most efficient way to check for potential problems is to ask your attorney to run a title and municipal search on your property. This search generally costs around $500 and is the same type of due diligence your buyer will do prior to purchasing your property.

If you prefer to do it on your own, the following are the steps you’ll need to take:

First, check the Tax Assessor’s field card. Make sure the livable square footage as well as the other amenities in your home are properly listed. If you do notice a discrepancy, be aware that correcting the field card may cause your property taxes to increase. It’s entirely up to you, but either way it’s important to have the information so that you are prepared to address and/or respond to any discrepancies.

Second, make sure the permits on file at the Building Department match the improvements at your house. Open permits can generally be closed without too much time and effort, however, if you’re aware of work done on your property without a permit, you should let your attorney know prior to finalizing the listing so that he or she can advise you on how to best disclose this information to any potential buyers.

Third, check with the Fire Marshal to assure that any paperwork related to a removed oil tank has been properly filed. Also be sure to confirm that there is no indication of contaminated soil remaining on the property. Full removal paperwork has only recently begun to be filed with local Fire Marshals so if the paperwork is incomplete, check your personal files to see if you have more complete paperwork. Do not dispose of any paperwork regarding the removal of an oil tank; hold onto it and transfer it to the new owner upon the sale of the home.

Fourth, check with the Town Clerk on any documents regarding your property. Make sure that there is a recorded release for any mortgage that has been paid off or refinanced. If there are any unreleased mortgages, check your files for evidence of the release, payoff or refinance and speak to your attorney about the best way to address the problem.

Selling your home can be a stressful process, but if you take the proper steps to put a team together in advance, you can be sure to avoid any unnecessary hiccups along the way. This leaves you plenty of time to figure out how you managed to accumulate so much “stuff” while living in your soon to be former home.

Amy Zabetakis is one of founding members of Rucci Law Group, LLC. She practices primarily in the areas of real estate, zoning and land use litigation. Amy can be reached at 203-202-9686 or at [email protected]. 

Last year’s passage of the Special Needs Trust Fairness Act ushered in significant legislative changes to the establishment of Special Needs Trusts (SNTs).

SNTs have the potential to greatly improve the lives of individuals living with disabilities, because the assets held in these types of trusts are non-countable, thus providing a person with disabilities access to additional financial support while remaining eligible for benefits such as Supplemental Security Income and Medicaid.  Prior to December 2016, federal statute only allowed SNTs to be established by a third party, leaving even those with the mental capacity to make financial decisions for themselves reliant on a parent, guardian, or relative, and in some cases forcing them to undergo the lengthy and often expensive route of petitioning the court on their own behalf. The Special Needs Trust Fairness Act (passed this past December as part of the larger 21^st Century Cures Act) has finally amended this issue.

Under the new law, disabled individuals now have the ability to set up SNTs for themselves, using their own assets.  It should be noted that these SNTs differ from Third Party SNTs which are funded with the assets of family members or other sources and not with the individual with disability’s own assets.  Third party SNTs are a common estate-planning tool used to improve the quality of life of the individual with disabilities. Unlike first party SNTs, assets held by third party SNTs, do not have to be used to repay the Medicaid program for the cost of care provided to the individual with disabilities. Instead, the assets can pass to other family members on death of the individual with disabilities.

If you feel you or someone in your care might benefit from establishing a Special Needs Trust please reach out to us! RLG understands that this can be confusing. We’re here to answer any questions you may have and guide you through the process.

Marianne Cirillo is one of the attorneys at Rucci Law Group, LLC. She practices primarily in the areas of trusts and estates and real estate. Marianne can be reached at 203-202-9686 or at [email protected]. 

Downtown Darien was the scene of the annual Darien July 4th Push and Pull Parade. Participation rules are simple: any kind of non-motorized vehicle with wheels is eligible to join and everything from strollers, to wagons, to roller skates and bikes joined the procession. The festivities include an honor guard, music from a fife and drum band, a selection of food from local vendors, and most importantly a slew of coveted awards for most patriotic family to best decorated stroller, wagon and bike.

The Darien VFW hosts the parade, with funds from donations made during the event used to restore the Darien VFW chapel at 205 Noroton Ave. Once again RLG was a sponsor for this event with attorneys turning out to march alongside the wheeled contraptions. This event is one of the highlights of the Darien 4th of July festivities and is especially popular with the younger set who may not stay awake late enough to view fireworks. There is something for every age group, with older children assisting with face painting, costume judging and old-fashioned cheering.

RLG was proud to sponsor the 2016 event. Amy Zabetakis was among the judges and announced the awards. The ingenuity that folks bring to their decorations is incredible. From Lady Liberty to spaceships to painted faces and decorated bikes. It is amazing to see what my friends and neighbors come up with every year.

A slide show featuring photos from the event can be found here on the Darien Times website.

Connecticut lawmakers have reacted to the public’s outcry for nationwide uniformity regarding Power of Attorney (POA) laws. Connecticut has updated its regulations that had been unchanged prior to 1965 to join the other 18 states using a uniform statutory form by adopting the Uniform Power of Attorney Act that will be effective October 1, 2016.

POAs are documents used by a person (the principal) to designate someone (the agent) to make decisions and act on the principals behalf when the principal is unable to do so. POAs generally name the agent and the powers granted to him or her. POAs are useful in a variety of situations such as:

– Buying and selling property

– Handling banking transactions

– Entering safety deposit boxes

– Filing tax returns

– Purchasing life insurance

– Health care POAs can be used to make health care decisions along with health care proxies

Overall, the new law should streamline the use and efficiency of POAs executed in Connecticut within the State, as well as their use outside Connecticut. Therefore, it is important to update your POAs to take advantage of the benefits of the new laws. Consulting with your attorney is essential in order for your future plans to be personalized and your objectives to be met. The attorneys at Rucci Law Group, LLC are well versed in these issues and can help you to draft a new POA to accomplish your goals.

In addition to understanding Power of Attorney documents, RLG recommends that  Essential Documents  be available, particularly for Young Adults (18 years and older), as these provide you with the authority to act on their behalf in legal, medical and financial areas if your loved one is sick or hurt.

Some of the highlights of the new Power of Attorney Act are as follows:

– A POA is now durable unless it expressly provides that it is terminated by the incapacity of the principal. This is the reverse of our current POA, where a durable power needs to expressly state that it survives incapacity;

– There are two statutory forms available for the Power of Attorney (POA), the Short Form and the Long Form;

– A new signature is required, no longer using the words Attorney in Fact;

– An agent’s Standard Powers are more broadly defined and includes the agent’s authority, duties and liabilities;

– Additional Powers allow a principal to grant an agent authority over more subjects with more specific powers for agents described under each subject;

– A Probate Court may continue, limit, suspend, or terminate a POA when appointing a conservator;

– Certain people are now authorized to petition the Probate Court to review a POA or an agent’s conduct;

– People are required to accept POAs in most circumstances, allowing people to request information about them, and limiting when people can refuse to accept POAs; and,

– A POA is valid if its execution complied with the law as it existed at the time of execution.

Fees on decedents estates changed significantly with the new state budget for fiscal years 2015-16 and 2016-17. The new fee structure almost doubles the rate on estates larger than $2 million and eliminates the fee cap, which was previously a maximum fee of $12,500. Connecticut now has the highest probate filing fees of any state in the country. It is more important than ever to think about estate planning to protect the assets that remain after paying the increased probate filing fees.

A $5MM estate is useful in the example that follows to show the effects of the changes in probate fees. Before 2016, probate filing fees were capped at $12,500. After 2015, probate filing fees are on a sliding scale with the first $2 million of the estate value costing $5,615 with the remaining $3 million charged at a rate of  0.005% for a total filing fee of $20,615. The total increase in probate filing fees is therefore about $8,000. It is important to note  that the probate fee is based on the gross estate before deductions including amounts in revocable trusts and any gifts previously made in excess of the annual gift tax exclusion amounts.

The chart below summarizes the sliding scale used to calculate probate filing fees and demonstrates that there is no longer a cap. There is some talk that these changes may be repealed, but until then, you have all the more reason to protect your assets through careful estate planning.

Rucci Law Group is proud to announce that Julie Jaramillo completed her Associates Degree in Criminal Justice at Norwalk Community College in December 2015. Rather than take a break from school, she is off to John Jay College of Criminal Justice to pursue her undergraduate degree in pre-law studies beginning in January 2016. Julie plans to eventually attend law school and pursue a career in law.

Julie is the first in her family to receive a degree and is proud that she accomplished this while working full time, raising her son and attending about 300 soccer games. She feels that he has absorbed the value of education while watching her study on the weekends and in the evenings after finishing both work and school. I could not have graduated without the support of my colleagues. They are like a big professional family. They have been unbelievably supportive and have been behind me every step of the way. My work environment has inspired me to grow and now to reach for the next level, confided Julie.

Julie will continue to assist the attorneys as RLG grows its Trusts and Estates practice. With the addition of Dianne Covello in the T&E arena, Julie will take on increasingly complex tasks, including work related to Medicare and Eldercare. Amy Zabetakis adds: We are very proud to have Julie as one of our valued employees. Her dedication to caring for and assisting our clients is extraordinary. We are thrilled to celebrate this accomplishment with her.

Congratulations to Julie on obtaining her degree and best of luck as she starts the next level of her education journey.

Get one – that is all you need to know. While good fences make good neighbors, fences in the wrong location can cause any number of problems. If you are installing a fence on your property you need the property line staked so you can be sure that the fence is located just inside your property line. There are no good options for mistakes:

• If you accidentally locate the fence on your neighbor’s land, it becomes your neighbor’s property.

• If you accidentally place the fence exactly on the property line it becomes a boundary line fence and you and your neighbor will jointly own the fence and have to make joint decisions about the maintenance of the fence.

• If you accidentally place the fence too far inside your property line you risk giving up property on the other side of the fence that your neighbor can eventually claim via adverse possession.

This advice holds true even if you are replacing a fence on your property. Unless you have a survey in your possession that shows the fence, you have no way of knowing if that fence is in the correct location or if, in fact, you own it and have the right to replace it.

Finally, do not assume that the fence along the front of your property adjacent to the road is immune. If your home is located on a public road, the roadway owned by your local municipality is generally significantly wider than the paved road. Even if you maintain the property all the way to the edge of the asphalt, you may not own (and cannot obtain via adverse possession) the land adjacent to the road. If you install a fence on property owned by the Town, the Town has every right to demand that you remove and relocate your fence. The fact that a fence may have been in that location for years is irrelevant, the Town still has the right to ask you to remove the fence and, is likely to do so if, for example, the road needs to be widened or a tree on town property needs to be trimmed or removed.

If you are thinking about building a fence, get a survey done first to be certain the fence is built just inside your property line. This will save you from potential boundary issues in the future and make your real estate attorney happy.

In mid-2014 the IRS premiered a short-form version of the application for new charities applying for 501(c)(3) tax-exempt status. The new application is a mere three pages long (as opposed to the full 31 page application) and will apply to nearly 70 percent of all new applicants. This is a common-sense approach that will help reduce lengthy processing delays for small tax-exempt groups and ultimately larger organizations as well, said IRS Commissioner John Koskinen. The change cuts paperwork for these charitable groups and speeds application processing so they can focus on their important work.”

Nonprofits such as schools and hospitals will continue to use the lengthier applications. In order to be eligible for the short form, the organization cannot:

O Project to have annual gross receipts of more than $50,000 in each of the next three years;

O Have had annual receipts of more than $50,000 in any of the prior three years;

O Have total assets whose fair market value exceeds $250,000; and

O Cannot maintain (or intend to have) any donor advised funds.

While the new streamlined application should make the application process easier, there are many other issues besides tax status that are important for the health and longevity of a new nonprofit organization. Before beginning the application process, new exempt entities should make sure to have a plan in place for board governance, risk management, conflicts of interest, fundraising and insurance issues. Each of these issues requires sound judgment, experience and forethought. The existence of the new streamlined 501(c)(3) application should not encourage new nonprofits to consider any shortcuts in the remainder of this essential planning process.