Cloutier & Cassella Blog

Cloutier & Cassella Successfully Represents Neighbors in Guilford Land Dispute

cclawos — Thu, 02 Sep 2010 12:57:54 +0000

We recently represented a group of neighbors who opposed an intensive development on property adjacent to their residential homes in Guilford. Last week, our clients received a favorable decision from the New Haven Superior Court which upheld the neighbors’ enforcement of a restrictive covenant over the adjacent property. The restrictive covenant, which was imposed by a deed dated in 1947, restricted the use of the adjacent property to residential or farming uses only. Following a contested four day trial and numerous post-trial briefs, the Court held that our clients had standing to enforce the covenant and issued an injunction prohibiting the proposed development of a synagogue and community center because these non-residential uses were inconsistent with the covenant.

Click for a New Haven Register article about this case

At Cloutier & Cassella, we can assist you with all real estate matters, including boundary line disputes, adverse possession claims and title issues.

Attorney Edward M. Cassella
Cloutier & Cassella
29 Elm Street
Old Saybrook, CT 06475
860-388-3456

To Blow or Not to Blow ( That is the question if you are arrested for DUI)

cclawos — Tue, 17 Aug 2010 16:18:00 +0000

Each and every day many drivers are stopped for suspected driving under the influence of alcohol, drugs or both, and everyone has their opinion whether, if presented with the choice, they would submit to a chemical test or not. However, that very important decision should never be made without first contacting a lawyer who knows each and every consequence of the choice.

Under the laws of the State of Connecticut when you operate a motor vehicle on the roadways in this state you have given your implied consent to submit to breath, urine or blood tests. You do have the legal right to refuse to such a test; however, there are many considerations one should make before making that choice. The officer who requests you to submit to such a test must first afford you the opportunity to contact a lawyer before you make a decision whether to submit to any chemical test. One simple call can make all the difference. It is important for a lawyer to know whether you were involved in an accident, whether you have been arrested for DUI before and if so when your last arrest was. After you answer these and other simple questions the lawyer can assist you in making the decision. It is then that the lawyer can also explain about any license suspensions that may result.

When presented with the question of to blow or not to blow call me before you make a final decision.

H Brian Dumeer
Cloutier & Cassella
29 Elm Street
Old Saybrook, CT 06475
(860) 388-3456 (p)
(860) 388-6374 (f)
bdumeer@celaw.org

Are You Underinsured? Come in for a free consultation to find out!

cclawos — Tue, 10 Aug 2010 16:18:44 +0000

We all have automobile insurance; however, we do not all know the extent of our coverage. Furthermore, we do not know exactly how automobile insurance works.

Imagine that you’re operating your car on a public road and an individual crosses the center line and hits you head on. You’re very badly injured and you need hundreds of thousands of dollars in medical treatment, convalescent care and modifications to your home so you may lead a semi-normal life. Now imagine that the driver that hit you only had $20,000 in insurance coverage and no other assets that would compensate your out of pocket expenses, medical bills, lost wages, future medical bills, pain and suffering.

You remotely recall a conversation that you had with your insurance agent just months prior where to save as little as $50 a year you decreased your underinsured/uninsured motorist coverage from $500,000 to $300,000. It was that little decision to save $4 a month, two cups of coffee, that just cost you $200,000 in insurance coverage.

Stories like this happen each and every day. It is imperative that you not let it happen to you.

Please call and schedule a complimentary appointment with me so that I may review your insurance policy with you line by line to ensure you have the proper coverage. This appointment will be completely confidential and entirely free of charge. It is important that everyone knows exactly what is in their automobile insurance policy.

H Brian Dumeer
Cloutier & Cassella
29 Elm Street
Old Saybrook, CT 06475
(860) 388-3456 (p)
(860) 388-6374 (f)
bdumeer@celaw.org

A Good Way to Save Some Money

cclawos — Tue, 20 Jul 2010 18:53:15 +0000

On June 3^rd Freddie Mac reported that mortgage rates were at an all time historic low, a sign that investors are seeking safe investments in a turbulent economy. As of today, July 21, 2010, mortgage rates are in the middle 4s. So even though things look like they are at rock bottom now, there is always the possibility that rates could drop further, especially if there is any more bad housing or unemployment news to come in July. If you can lock in at a rate in the mid 4s today you can save yourself a lot of money on your mortgage payment.

While I must admit that in as recently as May, all forecasts were saying rates could not possibly go lower, the market proved us all wrong. Some predictions said it would have taken another major financial catastrophe like the Greek crisis to bring down rates, but no such event took place and we saw rates plunge to new lows.

Why is this important? Many of you may think that you already have a mortgage and there is no way out, or that your rate is “good enough.” If you were to refinance your mortgage at today’s rate and save yourself a full percentage point, a savings that we have seen almost daily, you can save yourself ten of thousands of dollars over the life of your mortgage.

Today is the day to call your mortgage broker to refinance your most prized asset. Then call us to close the refinance. We are knowledgeable and thorough; we have a great real estate paralegal who pays attention to every detail; and we have lawyers who have been closing real estate deals for 37 years.

We look forward to meeting you and saving you money.

H Brian Dumeer
Cloutier & Cassella
29 Elm Street
Old Saybrook, CT 06475
(860) 388-3456 (p)
(860) 388-6374 (f)
bdumeer@celaw.org

Now is a Good Time to Consider Estate Planning

cclawos — Fri, 16 Jul 2010 14:56:32 +0000

This week, George Steinbrenner, principal owner of the New York Yankees died. However, like much of his career it was not without a cloud of controversy. No, not that his death paralleled the All-Star game. Mr. Steinbrenner’s death was shrouded by mystique because his family will be able to retain all of his fortune. That is right George Steinbrenner, the consummate capitalist, even died at the right time. It has been reported that he even joked with his sons that “Now would be the perfect time for me to die.” Why, you ask? Because the Federal Government, due to a law-making fumble, allowed the 45 percent Estate Tax to lapse. The fumble allowed his heirs to save over half a billion dollars. The tax is set to reinstate in 2011.

The repeal of the levy was a quirk of President Bush’s 2001 tax cuts and became widely debated in Congress as the tax-free year of 2010 loomed. Many assumed that legislators would work out a compromise tax rate for 2010 but nothing was done to close the loophole. There has been recent debate in Congress about imposing a tax retroactively, but it’s unclear what the rate might be or how any back taxes might be levied.

The mistake on behalf of Congress will, at least for now, allow “The Boss’s” heirs to keep the Yankees. It is widely assumed that had the heirs been forced to cough up half a billion dollars, they would have had to sell Mr. Steinbrenner’s most valuable and prized asset, the New York Yankees.

With estate taxes in the lime light and at the forefront of media attention it may be a good time to seek some legal advice for your estate planning. Although we cannot, and will not, make any representations that we can save you close to half a billion dollars, we can insure that we utilize the laws as they are written to protect your assets.

If you do not have a will, no matter your age, it is time to see a lawyer so that you can sit down with them so that they may explain your options.

If Mom and Dad have not revised their wills recently it is time to see a lawyer so that the lawyer may explain their options.

Keep in mind that Estate planning is not just about wills. A lawyer can also draft a Power of Attorney, a document that grants power to a someone else to act on your behalf should you become incapacitated. Estate Planning also entails drafting health care directions, outlining what treatment you want in the future. These documents, along with a will, make it a lot easier for your loved ones in your future healthcare needs, your future financial responsibilities and, ultimately, once you have passed.

H Brian Dumeer
Cloutier & Cassella
29 Elm Street
Old Saybrook, CT 06475
(860) 388-3456 (p)
(860) 388-6374 (f)
bdumeer@celaw.org