Can A Conservator Appoint a Trustee?
Poorly written Connecticut Revocable Trusts are produced and signed every day. Sometimes the mistakes can be harmless while other times one oversight can lead to significant problems and a costly court dispute. Unfortunately that is what happened to the Z family.
V. Z. created a Connecticut Revocable Living Trust. He named a Trustee and he named a successor Trustee. Where did his attorney go wrong? The language in the Connecticut Revocable Trust governing the successor Trustee only applied in the event of the Trustee’s death or resignation. Can you guess what was missing? The trust language did not provide for the successor Trustee to take over the Trustee position if the acting trustee became incapacitated. Well, as fate would have it the Trustee became incapacitated many years later, a Conservator was appointed, and the Court had to decide who was the proper Trustee.
In its memorandum of decision, the Probate Court stated that: “the Conservator of the Estate shall have the power to appoint a successor trustee in the V. Z. Revocable trust.” The V. Z. revocable trust is plaintiff’s exhibit number one. Dated March 27, 1979, it indicates that V. Z. is the settlor, and R. Z. is designated as trustee. Article VI names First Bank of New Haven as successor trustee in the event of the death or resignation of the trustee. The trustee is not given the authority to name new successor trustee upon her death or resignation. Indeed, pursuant to article IV, only the settlor has the authority to modify the trust agreement, and upon his death, the trust becomes irrevocable. Accordingly, the record reveals that Falvey is correct in her assertion that the V. Z. revocable trust already has a named successor trustee. Therefore, the Probate Court’s order has effectively removed a financial institution as successor trustee, which is contrary to the language of the trust instrument. In order to support such a decision, it will be necessary to determine if the Probate Court has the authority to allow a conservator to name a new successor trustee that is potentially contrary to the successor trustee provided for in the trust.
The Connecticut Statutes allow the Probate Court to construe the meaning of a trust, but it does not authorize the court to allow a conservator to appoint a successor trustee in contravention of the terms of the trust. Moreover, although Mirto’s appointment as conservator gives him the ability to act in R. Z.’s stead as trustee of the trust, this does not change the fact that a successor trustee is in place. Since there is no evidence that R. Z. has either died or resigned, Mirto is now effectively the trustee of the V. Z. revocable trust and can exercise all of the powers of that role. The V. Z. revocable trust, however, does not allow for the trustee to appoint a new successor trustee.
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This post is from a published judge’s decision in a lawsuit. One of the things about lawsuits is they are public, unless you have the records sealed. As public information, it is freely available for publishing without any party’s consent. You can read the full decision here: The Zurulo Decision
Free Seminars in North Haven
If you are not sure if a Connecticut Revocable Living Trust is appropriate for you, there are 2 free seminars in North Haven this week. Here are the details:
Tuesday, January 13
10:00 AM – 12:00 PM
North Haven Holiday Inn
201 Washington Ave. North Haven, CT
Tuesday, January 13
7:00 PM – 9:00 PM
North Haven Holiday Inn
201 Washington Ave. North Haven, CT
These seminars are presented by the firm of Nirenstein, Horowitz & Associates. They are not associated with CTLivingTrust.com in any way.
Why Would I Publicize Someone Else’s Seminar?
Choice. Most of the visitors to this site are people like you who are doing research on living trusts and how they work in Connecticut, as well as how much they should cost. I reward people like you who take the time to learn more about living trusts and compare the different options you have. Some of the people at the seminar will not be able to resist the persuasive sales pitch and I can’t help them. If you are strong enough to resist a sales pitch then you are the kind of person I want to work with and I can provide a living trust estate plan at a significant fee reduction – and we offer house calls in many areas!
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The reduced fee Connecticut Revocable Living Trust estate plans currently offered through CTLivingTrust.com are now sold out. Thank you for visiting CTLivingTrust.com and come back in October for the next round of reduced fee estate plans.
Free Living Trust Seminars in Watertown
If you are not sure if a Connecticut Revocable Living Trust is appropriate for you, there are 2 free seminars in Watertown on this week. Here are the details:
Wednesday August 6
2:00 PM – 4:00 PM
The Westbury Room
(Rt.6) Thomaston Rd., Watertown, CT
Wednesday August 6
7:00 PM – 9:00 PM
The Westbury Room
(Rt.6) Thomaston Rd., Watertown, CT
These seminars are presented by a separate organization. CTLivingTrust.com is not affiliated with these seminars in any way.
Why Would I Publicize Someone Else’s Seminar?
Choice. Most of the visitors to this site are people like you who are doing research on living trusts and how they work in Connecticut, as well as how much they should cost. I reward people like you who take the time to learn more about living trusts and compare the different options you have. Some of the people at the seminar will not be able to resist the persuasive sales pitch and I can’t help them. If you are strong enough to resist a sales pitch then you are the kind of person I want to work with and I can provide a living trust estate plan at a significant fee reduction – and we offer house calls!
Discount Code Expires 8-15-08
From now until August 15th, 2008 you can enter the code “seminar” to receive 10% off of your order. This special code is only available for use with the August fee schedule and the first portion of your payment must be received on or before August 15th to qualify.
Free Seminars in Suffield
If you are not sure if a Connecticut Revocable Living Trust is appropriate for you, there are 2 free seminars in Suffield on next week. Here are the details:
Tuesday August 5
10:00 AM – 12:00 PM
Suffield Academy
185 N. Main Street, Suffield, CT
Tuesday August 5
7:00 PM – 9:00 PM
Suffield Academy
185 N. Main Street, Suffield, CT
These seminars are presented by a separate organization. CTLivingTrust.com is not affiliated with these seminars in any way.
Why Would I Publicize Someone Else’s Seminar?
Choice. Most of the visitors to this site are people like you who are doing research on living trusts and how they work in Connecticut, as well as how much they should cost. I reward people like you who take the time to learn more about living trusts and compare the different options you have. Some of the people at the seminar will not be able to resist the persuasive sales pitch and I can’t help them. If you are strong enough to resist a sales pitch then you are the kind of person I want to work with and I can provide a living trust estate plan at a significant fee reduction – and we offer house calls!
Last Chance for July Rates
If you have been putting off completing your Connecticut Revocable Living Trust estate plan now may be the time to take the first step. Tomorrow is the last day before the August fee increase here at CTLivingTrust.com.
Free Seminars in Farmington
If you are not sure if a Connecticut Revocable Living Trust is appropriate for you, there are 2 free seminars in Farmington going on next week. Here are the details:
Thursday July 17
10:00 AM – 12:00 PM
Farmington Inn
827 Farmington Ave. Farmington, CT
Thursday July 17
7:00 PM – 9:00 PM
Farmington Inn
827 Farmington Ave. Farmington, CT
These seminars are presented by a separate organization. CTLivingTrust.com is not affiliated with these seminars in any way, and if you do go you will see fees of more than double what CTLivingTrust.com offers – and we offer house calls! Feel free to see the seminar show and then come back to CTLivingTrust.com for some real savings.
Our July 4th sale was a hit, time is running out to take advantage of these reduced fee Connecticut Revocable Living Trust estate plans before the schedule August fee increase.
Free Seminar in Southbury
If you are not sure if a Connecticut Revocable Living Trust is appropriate for you, there are 2 free seminars in Southbury going on next week. Here are the details:
Wednesday July 16
2:00 PM – 4:00 PM
Dolce Heritage Conf. Cntr.
522 Heritage Rd., Southbury, CT
Wednesday July 16
7:00 PM – 9:00 PM
Dolce Heritage Conf. Cntr.
522 Heritage Rd., Southbury, CT
These seminars are presented by a separate organization. CTLivingTrust.com is not affiliated with these seminars in any way, and if you do go you will see fees of more than double what CTLivingTrust.com offers – and we offer house calls! Feel free to see the seminar show and then come back to CTLivingTrust.com for some real savings.
Our July 4th sale was a hit, time is running out to take advantage of these reduced fee Connecticut Revocable Living Trust estate plans before the schedule August fee increase.
Free Seminar in Southington
If you are not sure if a Connecticut Revocable Living Trust is appropriate for you, there are 2 free seminars in Southington going on next week. Here are the details:
Tuesday July 15, 10:00 AM – 12:00 PM
Aqua Turf Country Club
556 Mulberry St. Southington, CT
Tuesday July 15, 07:00 PM – 09:00 PM
Aqua Turf Country Club
556 Mulberry St. Southington, CT
These seminars are presented by a separate organization. CTLivingTrust.com is not affiliated with these seminars in any way, and if you do go you will see fees of more than double what CTLivingTrust.com offers – and we offer house calls! Feel free to see the seminar show and then come back to CTLivingTrust.com for some real savings.
Our July 4th sale was a hit, time is running out to take advantage of these reduced fee Connecticut Revocable Living Trust estate plans before the schedule August fee increase.