reglab/housing_qa huggingface dataset:
CT Gen Stat § 45a-477. (Formerly Sec. 45-90) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-477. (Formerly Sec. 45-90) - Jurisdiction of Probate Court over trusts administered outside of this state.

 Any one or more of the beneficiaries of a trust that is administered outside of this state who are residents of this state may petition the Probate Court specified in section 45a-499p to assume jurisdiction of such trust. In the petition, the beneficiaries shall allege that it would be in the best interest of some or all of the beneficiaries and not adverse to any of the other beneficiaries to be administered in a Probate Court in this state or that all such beneficial owners consent to the administration of the trust or custodianship in a Probate Court in this state. The Probate Court, after hearing with notice as it directs, including notice to any court having jurisdiction over the trust upon written consent of all such beneficiaries or satisfaction that the allegations in the petition are true and upon proof that such transfer is not prohibited by law, may assume jurisdiction. If a probate bond is required under the laws of the state in which the transferring court is located or this state, such bond shall be given to the Probate Court prior to the assumption of jurisdiction by such court. Upon transfer and assumption of jurisdiction and administration of such trust to this state, the record shall be established in the Probate Court as if the trust were being originally established for administration in this state and the provisions of the general statutes shall govern the trust and its administration.(1949 Rev., S. 6895; P.A. 80-227, S. 14, 24; 80-476, S. 217; P.A. 82-115, S. 1, 3; P.A. 19-137, S. 115.)History: P.A. 80-227 rephrased provision re bond requirement, adding reference to increases in existing bond and security and reducing amount from double the value of the estate “of which such person is entitled to the life use or income” to an amount equaling the value of the estate to be removed from state, effective July 1, 1981; P.A. 80-476 rephrased provisions; P.A. 82-115 added Subsec. (b) allowing probate courts to assume jurisdiction over trusts created by nondomiciliaries; Sec. 45-90 transferred to Sec. 45a-477 in 1991; P.A. 19-137 deleted former Subsec. (a) re person not a resident of state who is owner of life estate or income in personal property or real property in state, deleted former Subsec. (b) designator and amended same by replacing “vested beneficial owners of interests established by a testamentary transfer of real property situated in this state or personal property wherever situated, in trust or under custodianship established and administered” with “beneficiaries of a trust that is administered”, replacing provision re Probate Court district with “the Probate Court specified in section 45a-499p”, deleting references to custodianship, replacing references to beneficial owners with references to beneficiaries, replacing “estate” with “trust”, and making technical changes, effective January 1, 2020.
CT Gen Stat § 45a-478. (Formerly Sec. 45-87) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-478. (Formerly Sec. 45-87) - Appointment of trustee when person has disappeared. Trustee's rights and duties. Procedure if person reappears.

 (a) When any person having property has disappeared so that after diligent search his whereabouts cannot be ascertained, the court of probate in the district in which he resided or had his domicile at the time of his disappearance or, if such person resided outside of this state, then in the district in which any of his property is situated, upon the application of the spouse, or a relative, creditor or other person interested in the property of such person, or the selectmen of the town where such person last resided, or in which such property is situated, shall, after public notice and a hearing thereon, appoint a trustee of the property of such person.(b) Diligent search shall be deemed to have been made for any person who has disappeared while serving with the armed forces when such person has been reported or listed as missing, missing in action, interned in a neutral country or beleaguered, besieged or captured by an enemy.(c) Such trustee, upon giving a probate bond, shall have charge of such property, and he shall have the same powers, duties and obligations as a conservator of the estate of an incapable person. With the approval of the court of probate, such trustee may use any portion of the income or principal of such property for the support of the spouse and minor children of such person.(d) Upon its own motion or upon the application of any interested person, the court of probate may, after public notice and a hearing thereon, remove, discharge, require an accounting from, or appoint a successor to, such trustee.(e) The court of probate may continue such trustee in office until satisfactory proof of the death of such person is furnished, until proceedings are taken to settle his estate on the presumption of his death under the provisions of section 45a-329, or for a period of seven years from the time of the disappearance of such person if he remains unheard of.(f) In case of the reappearance of such person, the court of probate shall, on his application, after hearing and public notice thereof, order the restoration of such property to the person entitled thereto and the discharge of such trustee, after acceptance of the trustee's account.(1949 Rev., S. 6892; 1953, S. 2909d; P.A. 80-476, S. 218.)History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-87 transferred to Sec. 45a-478 in 1991.See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
CT Gen Stat § 45a-479. (Formerly Sec. 45-92) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-479. (Formerly Sec. 45-92) - Suspension of fiduciary powers during armed forces service.

 (a) When any fiduciary of any trust other than a testamentary trust is engaged in service in the armed forces, as defined in section 27-103, which prevents his giving the necessary attention to his duties as the fiduciary, the Superior Court, upon petition of the fiduciary or any person interested in such estate, may, upon such notice as said court deems suitable and after hearing, order the suspension of the powers and duties of the fiduciary for the period of such service and until the further order of said court.(b) The Superior Court may appoint a substitute fiduciary to serve for the period of suspension whether or not there remains any fiduciary to exercise the powers and duties of the fiduciary who is in such service. Said court may decree that the ownership and title to the trust res shall vest in the substitute fiduciary or cofiduciary or both and that the duties and such of the powers and discretions as are not personal to the fiduciary may be exercised by the cofiduciary or substitute fiduciary and may make such further orders as said court deems advisable for the proper protection of such fund or estate.(c) The rules of court with respect to judgments under the Selective Service Act shall not apply to actions under this section.(d) Upon a petition therefor, the court may order the reinstatement of the fiduciary when his service in the armed forces has terminated.(1949 Rev., S. 6897; 1957, P.A. 163, S. 40; P.A. 80-476, S. 219.)History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-92 transferred to Sec. 45a-479 in 1991.
CT Gen Stat § 45a-480. (Formerly Sec. 45-91) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-480. (Formerly Sec. 45-91) - Income from property acquired by trustee by conveyance or foreclosure when mortgage formerly held by trustee.

 In any case in which a trustee holds a mortgage upon property for the benefit of one or more tenants for life or limited term, with remainder over to another or others, and such trustee acquires title to such property by conveyance or foreclosure, such acquired property shall be a principal asset in lieu of such mortgage, and such tenant or tenants for life or limited term shall be entitled to the net income from such acquired property from the date of its acquisition.(1949 Rev., S. 6896; P.A. 80-476, S. 220.)History: P.A. 80-476 deleted “and become” preceding “a principal asset”; Sec. 45-91 transferred to Sec. 45a-480 in 1991.
CT Gen Stat § 45a-481. (Formerly Sec. 45-93) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-481. (Formerly Sec. 45-93) - Distribution by testamentary trustee upon completion of trust.

 The trustee of any testamentary trust which has terminated may, unless the will creating the trust otherwise directs, after settling his final account, deliver the property remaining in his hands to the remainderman upon the order of the Probate Court, without returning the same to the estate of the decedent.(1949 Rev., S. 6886.)History: Sec. 45-93 transferred to Sec. 45a-481 in 1991.Annotation to former section 45-93:Power and duty of Probate Court to determine all issues involved in ascertainment of money or property that trustee is bound to pay or deliver to the person entitled. 121 C. 391.
CT Gen Stat § 45a-482. (Formerly Sec. 45-93a) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-482. (Formerly Sec. 45-93a) - Distribution of assets of inoperative trust.

 When the facts at the time of distribution from an estate to a trust or from a testamentary trust to a successive trust are such that no trust would be operative under the terms of the instrument creating such trust or successive trust because of the death of the life tenant, or because the beneficiary has reached a stipulated age, or if such trust would qualify for termination under section 45a-499ii, or for any other reason, the fiduciary of such estate or prior trust may distribute, with the approval of the court of probate having jurisdiction, directly from the estate or prior trust to the remaindermen of such trust, the corpus of such trust and any income earned during the period of estate administration or administration of the prior trust and distributable to such remaindermen, without the interposition of the establishment of such trust or successive trust. If distribution is based on the fact that the trust would qualify for termination under section 45a-499ii, reasonable notice shall be provided to all beneficiaries who are known and in being and who have vested or contingent interests in the trust.(P.A. 73-250; P.A. 80-476, S. 221; P.A. 96-255, S. 1; P.A. 19-137, S. 116.)History: P.A. 80-476 rephrased provisions; Sec. 45-93a transferred to Sec. 45a-482 in 1991; P.A. 96-255 amended section to provide for distribution if trust would qualify for termination under Sec. 45a-484 and require notice to all beneficiaries in such case; P.A. 19-137 replaced references to Sec. 45a-484 with references to Sec. 45a-499ii, effective January 1, 2020.
CT Gen Stat § 45a-483. (Formerly Sec. 45-94) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-483. (Formerly Sec. 45-94) - Settlement of trust estate when beneficiary has been absent seven years.

 The trustee of any trust for the benefit of any person who has been absent from his home and unheard of for seven years or more may settle his account as such trustee in the court of probate having jurisdiction thereof. Upon the order of the court, the trustee shall distribute such trust estate to the persons entitled to the remainder thereof as determined by the court, and the trustee shall not thereafter be liable to any such absent beneficiary, his heirs, executors, administrators or assigns in any action for such trust estate or any interest therein or income thereof. A person shall not be entitled to receive any portion of such estate from the trustee until such person has filed in the court of probate a bond with surety to the acceptance of the court, payable to the state, conditioned to return such trust estate to the trustee or his successor on the reappearance of the person presumed to be dead within thirteen years from the date of such order authorizing distribution. After the expiration of such thirteen-year period, such person entitled to the remainder shall not be liable to any such absent beneficiary, his heirs, executors, administrators or assigns in any action for such trust estate or any interest therein or income thereof.(1949 Rev., S. 6891; P.A. 80-476, S. 222.)History: P.A. 80-476 rephrased provisions; Sec. 45-94 transferred to Sec. 45a-483 in 1991.
CT Gen Stat § 45a-484. (Formerly Sec. 45-79c) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-484. (Formerly Sec. 45-79c) - Termination of small trusts.

 Section 45a-484 is repealed, effective January 1, 2020.(P.A. 88-95; P.A. 94-98, S. 9; P.A. 03-183, S. 1; P.A. 13-81, S. 7; P.A. 19-137, S. 123.)
CT Gen Stat § 45a-485 (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-485 - Superior Court or Probate Court jurisdiction to reform instrument to ensure allowance of marital deduction.

 (a) If any marital deduction would not be allowed by reason of Section 2056(d)(1) of the Internal Revenue Code of 1986 with respect to any interest in property passing under any will, trust agreement or other governing instrument because such interest fails to comply with the requirements of Sections 2056(d)(2)(A) and 2056A(a) of said code, the Superior Court, or a Probate Court specified in section 45a-499p, shall have jurisdiction over any action brought to reform such will, trust agreement or other governing instrument to comply with those requirements so as to allow a marital deduction under Section 2056(a) of said code. All references contained in this section to any section of the Internal Revenue Code of 1986 mean that section of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.(b) The Superior Court or the Probate Court are empowered to reform any such will, trust agreement or other governing instrument described in subsection (a) of this section to the extent necessary to ensure the allowance of the marital deduction described in said subsection.(c) Any reformation of any will, trust agreement or other governing instrument in accordance with the provisions of this section shall be effective whether or not a disclaimer has been filed within the period specified in sections 45a-578 to 45a-585, inclusive.(d) This section shall be applicable to any action commenced to reform any such will, trust agreement or other governing instrument created by a decedent dying on or after November 10, 1988.(P.A. 91-214; May Sp. Sess. P.A. 92-11, S. 33, 70; P.A. 98-219, S. 6; P.A. 19-137, S. 117.)History: May Sp. Sess. P.A. 92-11 amended Subsec. (a) to delete redundant language re any subsequent corresponding internal revenue code of the United States; P.A. 98-219 amended Subsecs. (a) and (b) re jurisdiction of Probate Court to reform instrument to ensure allowance of marital deduction if instrument is otherwise subject to jurisdiction of Probate Court; P.A. 19-137 amended Subsec. (a) by replacing provision re trust or estate subject to Probate Court jurisdiction with “Probate Court specified in section 45a-499p” and made technical changes in Subsecs. (a), (b) and (c), effective January 1, 2020.
CT Gen Stat § 45a-487j (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-487j - Short title: “Connecticut Qualified Dispositions in Trust Act”.

 This section and sections 45a-487k to 45a-487s, inclusive, may be cited as the “Connecticut Qualified Dispositions in Trust Act”.(P.A. 19-137, S. 99.)History: P.A. 19-137 effective January 1, 2020.
CT Gen Stat § 45a-487l (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-487l - Appointment of trust director by transferor.

 (a) Nothing in sections 45a-487j to 45a-487s, inclusive, shall be construed to preclude a transferor from appointing one or more trust directors, including, but not limited to:(1) Trust directors who have authority under the terms of the trust instrument to remove and appoint qualified trustees or trust directors; and(2) Trust directors who have authority under the terms of the trust instrument to direct, consent to or disapprove distributions from the trust.(b) A transferor may serve as trust director, but the power of a trust director, who is the transferor shall be limited to the retention of the veto right permitted by subdivision (1) of section 45a-487n.(c) For purposes of this section, “trust director” includes a trust director, as defined in section 45a-499c, a trust protector, a trust advisor or any other person who, in addition to a qualified trustee, holds one or more trust powers.(P.A. 19-137, S. 101.)History: P.A. 19-137 effective January 1, 2020.
CT Gen Stat § 45a-487m (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-487m - Qualified trustee; successor. Disposition to more than one trustee. Disposition by trustee who is not qualified.

 (a) If a qualified trustee of a trust ceases to meet the requirements of subparagraph (A) of subdivision (9) of section 45a-487k and no remaining trustee meets the requirements of said subparagraph, the qualified trustee shall be deemed to have resigned at the time of the cessation and the successor qualified trustee provided for in the trust instrument shall become a qualified trustee of the trust. In the absence of any successor qualified trustee provided for in the trust agreement, the court may, upon application of any interested party, appoint a successor qualified trustee.(b) In the case of a disposition to more than one trustee, at least one of whom is a qualified trustee, a disposition that is otherwise a qualified disposition shall not be treated as other than a qualified disposition solely because not all of the trustees are qualified trustees.(c) A trustee of a trust who is not a qualified trustee may transfer the assets of a trust to a qualified trustee. Notwithstanding the provisions of subparagraph (A) of subdivision (9) of section 45a-487k, a disposition by a trustee who is not a qualified trustee to a trustee who is a qualified trustee will not fail to qualify as a qualified disposition solely because the trust instrument does not contain an express provision that the laws of this state govern the validity, construction and administration of the trust.(P.A. 19-137, S. 102.)History: P.A. 19-137 effective January 1, 2020.
CT Gen Stat § 45a-487o (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-487o - No retained interest of transferor.

 A qualified disposition shall be subject to sections 45a-487j to 45a-487s, inclusive, notwithstanding a transferor's retention of any of the powers and rights described in section 45a-487n and the transferor's service as investment director or advisor pursuant to section 45a-487l. The transferor shall have only such powers and rights as are conferred by the trust instrument. Except as provided in the trust instrument, and permitted by section 45a-487l and in section 45a-487n, a transferor has no rights or authority with respect to the property that is the subject of a qualified disposition or the income therefrom, and any agreement or understanding purporting to grant or permit the retention of any greater rights or authority is void.(P.A. 19-137, S. 104.)History: P.A. 19-137 effective January 1, 2020.
CT Gen Stat § 45a-487q (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-487q - Persons not subject to qualified dispositions.

 Notwithstanding the provisions of section 45a-487p, sections 45a-487j to 45a-487s, inclusive, shall not apply to defeat a claim brought by:(1) A person to whom the transferor is indebted on or before the date of a qualified disposition on account of an agreement or order of court for payment of support or alimony in favor of the transferor's spouse, former spouse or children, or for a division or distribution of property in favor of the transferor's spouse or former spouse, but only to the extent of the debt; or(2) To any person who suffers death, personal injury or property damage on or before the date of a qualified disposition by a transferor, which death, personal injury or property damage is at any time determined to have been caused, in whole or in part, by the tortious act or omission of the transferor or by another person for whom the transferor is or was vicariously liable, but only to the extent of the claim against the transferor or other person for whom the transferor is or was vicariously liable.(P.A. 19-137, S. 106.)History: P.A. 19-137 effective January 1, 2020.
CT Gen Stat § 45a-487r (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802c - Trusts|Section 45a-487r - Effect of avoidance of qualified dispositions.

 (a) A qualified disposition shall be avoided only to the extent necessary to satisfy the transferor's debt to the creditor at whose instance the disposition had been avoided, together with any costs, including attorney's fees, that the court may allow.(b) If any qualified disposition is avoided pursuant to subsection (a) of this section, the following rules apply:(1) If the court is satisfied that the trustee has not acted in bad faith in accepting or administering the property that is the subject of the qualified disposition:(A) The trustee has a first and paramount lien against the property that is the subject of the qualified disposition in an amount equal to the entire cost, including attorney's fees, properly incurred by the trustee in the defense of the action or proceedings to avoid the qualified disposition;(B) The qualified disposition shall be avoided subject to the proper fees, costs, preexisting rights, claims and interest of the trustee and of any predecessor trustee that has not acted in bad faith; and(C) For purposes of this subdivision, it shall be presumed that the trustee did not act in bad faith merely by accepting the property.(2) If the court is satisfied that a beneficiary of a trust has not acted in bad faith, the avoidance of the qualified disposition shall be subject to the right of the beneficiary to retain any distribution made upon the exercise of a trust power or discretion vested in the trustee of the trust, which power or discretion was properly exercised prior to the creditor's commencement of an action to avoid the qualified disposition. For purposes of this subdivision, it shall be presumed that the beneficiary, including a beneficiary who is also a transferor of the trust, did not act in bad faith merely by creating the trust or by accepting a distribution made in accordance with the terms of the trust.(c) A creditor has the burden of proving by clear and convincing evidence that a trustee or beneficiary acted in bad faith as set forth in subsection (b) of this section, except, in the case of a beneficiary who is also the transferor, the burden on the creditor is to prove by a preponderance of the evidence that the transferor-beneficiary acted in bad faith. The provisions of this subsection shall be construed to provide substantive nonprocedural rights under state law.(d) For purposes of sections 45a-487j to 45a-487r, inclusive, attachment, garnishment, sequestration or other legal or equitable processes shall be permitted only in circumstances permitted by the express terms of said sections.(e) For purposes of this section, “court” means the Superior Court.(P.A. 19-137, S. 107.)History: P.A. 19-137 effective January 1, 2020.