Posts tagged with "#EstatesandTrusts"

Connecticut Supreme Court Affirms Order of Accounting for Attorney-in-Fact Appointed Under Durable Power of Attorney

In re Bachand, 306 Conn. 37 (2012)   

Lisa Charette, the plaintiff and attorney-in-fact for Mary E. Bachand, appealed from a Superior Court judgment upholding the decision of the Probate Court for the district of West Hartford.  The decision required the plaintiff to provide an accounting of her actions as attorney-in-fact for Ms. Bachand who executed a durable power of attorney.  Ms. Bachand had progressive Alzheimer’s disease and was relocated to a long-term care facility in West Hartford, CT.  The Superior Court ruled that the Probate Court had subject matter jurisdiction to order an accounting in accordance with Conn. Gen. Stat. § 45a-175 (b) because Ms. Bachand resided within the district of West Hartford.

On appeal, the plaintiff claimed the Superior Court improperly ruled that the Probate Court had subject matter jurisdiction to order the accounting under the circumstances and erroneously found that the defendant, Cheryl Miller-Gray, had standing to make an application for an accounting.

The Supreme Court held that Ms. Bachand’s lack of intent to reside in West Hartford was not relevant to the Probate Court’s jurisdiction. Under Conn. Gen. Stat. § 45a-175 (b), the term “resides” means the place where a person actually lives no matter whether they have the intention to remain there.  Further, the defendant had standing to proceed with an application for an accounting because she was the sole remaining successor attorney-in-fact pursuant to the durable power of attorney.  The defendant did not need to present evidence to establish cause for the accounting pursuant to Con. Gen. Stat. § 45a-175 (b).  Therefore, the judgment of the Superior Court was affirmed.

If you have any questions related to the content above, please do not hesitate to contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a consultation today.

Connecticut Appellate Court Finds That Fiduciary Should Not Have Been Removed as Executrix for Estate

Saccu’s Appeal from Probate, 97 Conn. App. 710, 905 A.2d 1285 (2006)  

The plaintiff and executrix, Jane Saccu, originally filed accountings with the Probate Court confirming that she utilized estate funds to make repairs to and pay property taxes for real property left to her by the decedent, her father, as a life estate.  The defendant and decedent’s son, Richard Barreta, objected to the accountings and sought to remove the executrix as a fiduciary for the Estate of Gicomo Barretta (the “Estate”).

The plaintiff was removed from her duties as executrix and compelled to reimburse the Estate pursuant to a Probate Court order.  The Probate Court found that the plaintiff had breached her fiduciary obligation when she utilized the estate funds for repairs and taxes. The plaintiff appealed the Probate Court order but the Superior Court entered judgment in favor of the defendant and dismissed the appeal.

On appeal to the Appellate Court, the plaintiff claimed that her removal as executrix was an abuse of discretion because there was no finding that she posed a continuing risk to the Estate if she continued in her duties as fiduciary.  The Appellate Court agreed and found, pursuant to Conn. Gen. Stat. § 45a-242, that the Plaintiff should not have been removed as the executrix because the specific finding had not been made.  The case was remanded with instructions to have the executrix reinstated and the judgment was reversed in part.

If you have any questions related to the content above, please do not hesitate to contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a consultation today.