Trusts & Estates
Decision
McGrath v. Gallant
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Monday, June 10, 2013
In the 1923 case of Hayward v. Plant, the Supreme Court set forth nine factors for the court to consider when determining the reasonableness of compensation charged to an estate including: the size of the estate, responsibilities involved, character of work required, problems and difficulties met, results achieved, knowledge, skill and judgment required and used, manner and promptitude with which the estate was settled, time and service required and any other relevant and material circumstances.
Decision
Manzo v. Nugent
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Monday, June 10, 2013
A court can vacate a Probate Court order that created trusts, if there was no hearing, prior to the Probate Court's order, notice was inadequate and the trusts were inconsistent with estate plans.
Decision
Hoy-Wong v. Estate of Hoy
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Monday, May 13, 2013
A child who alleges that siblings allegedly liquidated the contents of her parents' home, and kept the contents for themselves, possesses the burden to prove that a Probate Court inventory and final account were inaccurate.
Decision
Estate of Turturino v. Turturino; Turturino v. Romanczak
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Monday, February 11, 2013
When the decedent's property cannot be physically divided, a court can find it is in the best interests of the parties to order the property's sale.
News
A New America Alters The Equation
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Friday, January 18, 2013 | by CATHRYN A. MITCHELL
The day after last November's election, Americans looked in the mirror and, for the first time, saw a new vision of themselves. This new America has been said to be a reflection of ? and culmination of ? changes that have been taking place for decades.
News
Avoid Nursing Home Arbitration Agreements
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Friday, January 18, 2013 | by BRENDAN FAULKNER and MICHAEL A. D'AMICO
The difficult decision to place a loved one in a nursing home is frequently made under stressful circumstances and is always fraught with emotion.
Decision
Loomis v. Lupoli
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Monday, January 14, 2013
An individual who provides services to an estate administrator may not qualify as a creditor of the estate.
Decision
Kolodecik v. Hospital of Saint Raphael
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Monday, December 10, 2012
A hospital that seeks compensation against the decedent's estate for unpaid medical expenses may not be able to allege a special defense of laches against the estate fiduciaries, after they deny the hospital's claim, because laches is an equitable defense, and the hospital requests monetary damages, or an action at law.
Decision
Azoulay v. Gersten
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Monday, December 3, 2012
A court can overturn a final account, if there is evidence of fraud, self-dealing or a conflict of interest.
Decision
Goodwin v. Colchester Probate Court
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Monday, October 8, 2012
A Probate Court is not required to admit a will to probate, if there is "sufficient objection" to the admission of the will, pursuant to Connecticut General Statutes §45a-288(a).
