Connecticut town deals with aftermath of probate ruling

| Mar 6, 2019 | Probate Litigation

One of the few guarantees that people have regarding the end of a life is that survivors will do their best to fulfill a person’s substantive final wishes. If a decedent has left orders on how properties and assets should be shared to inheritors and beneficiaries, the government will support these orders in probate court.

Some people have larger and more complicated assets to manage when writing a last will and testament. In these cases, conditions may be attached to an outright inheritance or a person’s rights during a specified time. Further complications may occur if a person or entity fails to meet these conditions.

A Connecticut town is currently dealing with the aftermath of a probate ruling that could affect a large property in their midst. A 62-acre herb farm has been in probate for more than two decades after its founder gave her widower a lifetime tenancy. Her condition was that he pay all costs related to the property, including any taxes and maintenance costs.

A probate judge recently revoked the tenancy due to the widower’s incompetence as a custodian. Now, the town is discussing its role as a possible caretaker, either leaving the property for further private use or taking it over as a public space. At the moment, a court-appointed trustee may be authorized to sell the estate.

Difficulties around probate management of properties can be resolved in probate court proceedings, and parties are welcome to state their cases before a probate judge. An attorney can represent parties’ interests as well as manage the documents that support successful claims in probate court.