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2016 Developments in Connecticut Estate and Probate

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2016 Developments in Connecticut Estate and Probate 2018] 2016 developments in connecticut 3 estate and probate law CT Bar Institute, Inc. 2016 DEVELOPMENTS IN CONNECTICUT ESTATE a 501(c)(3) organization that fulfills the educational and charitable purposes of the AND PROBATE LAW Connecticut Bar Association 30 Bank St, New Britain, CT 06051 By JEFFREy A. COOPER,* JOHN R. IVIMEy,** (860)223-4400, fax (860)223-4488 AND KATHERINE E. COLEMAN*** Connecticut Bar Association Officers 2017-2018 This Article provides a summary of recent developments PRESIDENT, KAREN DEMEOLA, HARTFORD PRESIDENT-ELECT, JONATHAN M. SHAPIRO, MIDDLETOWN affecting Connecticut estate planning and probate practice. VICE PRESIDENT, NDIDI MOSES, NEW HAVEN Part I discusses 2016 legislative developments. Part II sur- SECRETARY, ALAINE DOOLAN, HARTFORD veys selected 2016 case law relevant to the field. TREASURER, VINCENT P. PACE, BERLIN ASSISTANT SECRETARY-TREASURER, DANA M. HRELIC, HARTFORD 1 IMMEDIATE PAST PRESIDENT, MONTE E. FRANK, NEWTOWN I. LEGISLATION EXECUTIVE DIRECTOR, KEITH J. SORESSI A. probate court operations2 Public Act 16-7 makes numerous modifications and tech- nical corrections to statutes governing probate court opera- It is the purpose of the CONNECTICUT BAR JOURNAL to provide a forum for the free expression of ideas. The opinions and positions stated in tions. Included among these changes, the Act does the fol- published material are those of the authors and not those of the CONNECTICUT BAR JOURNAL, its Editors, or the CT Bar Institute, Inc. lowing: Manuscripts accepted for publication become the property of the CT Bar Institute, Inc. No compensation is paid for articles published. 1. Creates a process for a court lacking jurisdiction SUBSCRIPTION: $52.00 per annum prepaid. over a petition, application or motion to transfer that PLEASE DIRECT CORRESPONDENCE TO: matter (without the imposition of an additional filing Letters to the Editor, Inquiries about manuscripts, editorial matter, reprints, etc.: Sarah E. Murray, Editor-In-Chief, fee) to another probate court that does have jurisdic- 55 Greens Farm Rd, Westport, CT 06880, (203)222-4949, 3 [email protected] tion. Advertising: Natalie Jackson, Administrative Assistant (860)612-2035, [email protected] 2. Expands the list of probate matters requiring a Subscription, remittances, and changes of a ddress: Member Service Center, (860)223-4400, [email protected] $225 filing fee to include petitions relating to the fol- Current numbers, back issues, whole volumes (bound or paperback), lowing: (i) placement of a child for adoption outside complete sets: William S. Hein & Co., Inc. or Dennis & Co., Inc. 1285 Main St, Buffalo, NY 14209. the state; (ii) examination of a cooperative postadop- * Carmen Tortora Professor of Law and Associate Dean for Research and Faculty Development, Quinnipiac University School of Law, and of the Greenwich Bar. ** Of the Hartford Bar. *** Of the Hartford Bar. The authors would like to thank Frank Berall, Scott Rosenberg and Hon. Beverly Streit-Kefalas for their helpful comments. 1 While this article briefly summarizes a few notable legislative develop- ments, readers should note that the Probate Court Administrator’s office has com- © 1997-2018 , CT Bar Institute, Inc. piled a more comprehensive summary of 2016 probate legislation, available at http://www.ctprobate.gov/Documents/2016%20Legislative%20Summary.pdf. That The CONNECTICUT BAR JOURNAL (ISSN 0010-6070, USPS 129-060) is published four times a year by the document summarizes a number of statutes not discussed in this article. CT Bar Institute, Inc., at 30 Bank St, New Britain, CT 06051. Periodicals Postage Paid at New Britain, CT and at an 2 additional mailing office. POSTMASTER: Send address changes to the CONNECTICUT BAR JOURNAL, 30 Bank An Act Concerning Probate Court Operations. P.A. 16-7 (Reg. Sess.) gen- St, New Britain, CT 06051. Indexed in INDEX TO LEGAL PERIODI CALS and cited in WEST CONN. DIGEST, CONN. erally effective October 1, 2016. GEN. STAT ANNO., and in SHEPARD’S CONN. CITATIONS. 3 P.A. 16-7 § 1. 190014_CBJ Vol91No1.indd 3 2/23/18 9:40 AM 4 CONNECTICUT BAR JOURNAL [Vol. 91.1 2018] 2016 developments in connecticut 5 estate and probate law tion agreement; (iii) contact between an adopted child to October 1, 2016, and created a new statutory “short form” and his or her biological siblings; (iv) termination of for creating a power of attorney.9 voluntary services provided by the Department of Like the prior “long form,” the new short form lists pow- Children and Families; (v) custodianship under the ers that a principal can grant an agent and requires the Uniform Transfers to Minors Act; (vi) whether a per- principal to strike out and initial any power(s) that the prin- son under a conservatorship is capable of giving cipal does not wish to grant to the agent.10 Unlike the long informed consent for voluntary admission to a psychi- form, the short form does not contain optional provisions atric facility; (vii) whether a person under a conserva- that can be us ed to authorize additional powers, such as torship or guardianship is competent to vote; (viii) managing inter vivos trusts, gifts, rights of survivorship, request of the Commissioner of Social Services to and beneficiary designations, authorizing another person to enter an elderly person’s premises to evaluate the exercise authority under the POA, waiving the right to be a need for protective services; and (ix) excusing a peri- beneficiary of a joint and survivor annuity, exercising fidu- odic or final account of a conservator or the final ciary powers, and disclaiming or refusing an interest in account of a trustee.4 property.11 3. Provides that a petition to remove a parent as C. the sale of privately Held alcoholic liquor for auction12 guardian or terminate parental rights may be filed in Public Act 16-56 creates a mechanism for decedent’s the district in which the child resides, is domiciled or estates to transfer alcoholic liquor, such as wine, beer or 5 is currently located. Prior law only permitted filing spirits, without complying with the requirements of the in the court where the child resided. Liquor Control Act.13 Specifically, an estate's fiduciary may sell or transfer alcoholic liquor without a liquor permit if the 4. Expands the types of entities that may act as con- purpose of the sale or transfer is to have a licensed auction- servator to include limited liability companies and eer auction off the alcoholic liquor and bo th the probate 6 partnerships in addition to corporations. court and the Commissioner of Consumer Protection, or his B. revisions to the connecticut uniform power of attorney act7 designee, have approved the transaction in writing.14 As summarized in last year’s article, Public Act 15-240, D. probate Fee lien15 The Connecticut Uniform Power of Attorney Act, made sig- Public Act 16-65 clarifies that the probate fee lien16 nificant changes to Connecticut law and established a new applies only to estates of those dying on or after January 1, statutory power of attorney.8 Public Act 16-40 act made some relatively minor changes to this Uniform Power of 9 P.A. 16-40 § 3. The act specifically provides that it does not prohibit the Attorney Act, postponed its effective date from July 1, 2016 use of other power of attorney forms. id. 10 P.A. 16-40 § 3. 11 P.A. 16-40 § 3. 4 P.A. 16-7 § 4. 12 An Act Permitting the sale of Privately Held Alcoholic Liquor for Auction. 5 P.A. 16-7 §§ 6-7. P.A. 16-56 (Reg. Sess.), effective July 1, 2016. 6 P.A. 16-7 § 8. 13 P.A. 16-56. 7 An Act Concerning Revisions to the Connecticut Uniform Power of 14 P.A. 16-56. Attorney Act. P.A. 16-40 (Reg. Sess.), effective October 1, 2016. 15 An Act Concerning Banking and Consumer Protections. P.A. 16-65 (Reg. 8 An Act Concerning Adoption of the Connecticut Uniform Power of Sess.), effective July 1, 2016. Attorney Act. P.A. 15-240 (Reg. Sess.), effective July 1, 2016. See Jeffrey A. 16 P.A. 15-5, § 454 (June Special Sess.) provides for “a lien in favor of the Cooper & John R. Ivimey, 2015 developments in connecticut estate and probate state of Connecticut upon any real property located in this state that is included in law , 90 CONN. B.J. 310-313 (2016) (discussing legislation). the basis for [probate] fees of the estate of a deceased person.” 190014_CBJ Vol91No1.indd 4 2/23/18 9:40 AM 4 CONNECTICUT BAR JOURNAL [Vol. 91.1 2018] 2016 developments in connecticut 5 estate and probate law tion agreement; (iii) contact between an adopted child to October 1, 2016, and created a new statutory “short form” and his or her biological siblings; (iv) termination of for creating a power of attorney.9 voluntary services provided by the Department of Like the prior “long form,” the new short form lists pow- Children and Families; (v) custodianship under the ers that a principal can grant an agent and requires the Uniform Transfers to Minors Act; (vi) whether a per- principal to strike out and initial any power(s) that the prin- son under a conservatorship is capable of giving cipal does not wish to grant to the agent.10 Unlike the long informed consent for voluntary admission to a psychi- form, the short form does not contain optional provisions atric facility; (vii) whether a person under a conserva- that can be us ed to authorize additional powers, such as torship or guardianship is competent to vote; (viii) managing inter vivos trusts, gifts, rights of survivorship, request of the Commissioner of Social Services to and beneficiary designations, authorizing another person to enter an elderly person’s premises to evaluate the exercise authority under the POA, waiving the right to be a need for protective services; and (ix) excusing a peri- beneficiary of a joint and survivor annuity, exercising fidu- odic or final account of a conservator or the final ciary powers, and disclaiming or refusing an interest in account of a trustee.4 property.11 3.
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