reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-557b. - Scope and jurisdiction.

(a) Sections 45a-557 to 45a-560b, inclusive, apply to a transfer that refers to said sections in the designation under subsection (a) of section 45a-558f by which the transfer is made if at the time of the transfer, the transferor, the minor or the custodian is a resident of this state or the custodial property is located in this state. Courts of probate in any district in which the transferor, the minor or the custodian is resident, or in which the custodial property is located shall have jurisdiction of any disputes or matters involving custodianship under sections 45a-557 to 45a-560b, inclusive. The custodianship so created remains subject to said sections and to such probate court jurisdiction despite a subsequent change in residence of a transferor, the minor or the custodian, or the removal of custodial property from this state.
(b) A person designated as custodian under sections 45a-557 to 45a-560b, inclusive, is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the state designated in the instrument of transfer and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state.
(P.A. 95-117, S. 3.)
Subsec. (a):
Superior Court found to have subject matter jurisdiction in case that involved custodial accounts and arose in the context of the dissolution of a marriage. 56 CA 492.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558. - Nomination of custodian.

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”. The nomination may name one or more persons as substitute custodians to whom the property shall be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer or other obligor of the contractual rights.
(b) A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under subsection (a) of section 45a-558f.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 45a-558f. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to section 45a-558f.
(P.A. 95-117, S. 4.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558a. - Transfer by gift or exercise of power.

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 45a-558f.
(P.A. 95-117, S. 5.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558b. - Transfer authorized by will or trust.

(a) A personal representative or trustee may make an irrevocable transfer pursuant to section 45a-558f to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under section 45a-558 to receive the custodial property, the transfer shall be made to that person.
(c) If the testator or settlor has not nominated a custodian under section 45a-558, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of section 45a-558f.
(P.A. 95-117, S. 6.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558c. - Other transfer by fiduciary.

(a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 45a-558f, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c) of this section, a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 45a-558f.
(c) A transfer under subsection (a) or (b) of this section may be made only if (1) the personal representative, trustee or guardian considers the transfer to be in the best interest of the minor, (2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument, and (3) the transfer is authorized by the court if it exceeds five thousand dollars in value.
(d) For purposes of this section, a series of transfers shall be aggregated so that the five-thousand-dollar threshold for court approval cannot be circumvented.
(P.A. 95-117, S. 7.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558d. - Transfer by obligor.

(a) Subject to subsections (b) and (c) of this section, a person not subject to section 45a-558b or 45a-558c who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 45a-558f.
(b) If a person having the right to do so under section 45a-558 has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person.
(c) If no custodian has been nominated under section 45a-558, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds five thousand dollars in value, in which case Probate Court approval is required. For purposes of this subsection, a series of transfers shall be aggregated so that the five-thousand-dollar threshold for court approval cannot be circumvented.
(d) This section does not authorize a guardian, existing custodian or custodian to whom an obligor makes a transfer under this section to settle, release or compromise a claim of the minor or a debt owed to the minor.
(P.A. 95-117, S. 8.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558e. - Receipt for custodial property.

A written acknowledgment of delivery by a custodian constitutes a sufficient release and discharge for custodial property transferred to the custodian pursuant to sections 45a-557 to 45a-560b, inclusive.
(P.A. 95-117, S. 9.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558g. - Single guardianship.

A transfer may be made for only one minor, and only one person may be the custodian. All custodial property held under sections 45a-557 to 45a-560b, inclusive, by the same custodian for the benefit of the same minor constitutes a single custodianship.
(P.A. 95-117, S. 11.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558h. - Validity and effect of transfer.

(a) The validity of a transfer made in a manner prescribed in sections 45a-557 to 45a-560b, inclusive, is not affected by: (1) Failure of the transferor to comply with subsection (c) of section 45a-558f concerning possession and control; (2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (a) of section 45a-558f; or (3) death or incapacity of a person nominated under section 45a-558 or designated under section 45a-558f as custodian or the disclaimer of the office by that person.
(b) A transfer made pursuant to section 45a-558f is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in sections 45a-557 to 45a-560b, inclusive, and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in sections 45a-557 to 45a-560b, inclusive.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of sections 45a-557 to 45a-560b, inclusive, and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in sections 45a-557 to 45a-560b, inclusive.
(P.A. 95-117, S. 12.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558i. - Care and control of custodial property.

(a) A custodian shall: (1) Take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person of discretion and intelligence who is seeking a reasonable income and the preservation of such person's capital. The custodian shall not be limited by any other statute restricting investments by fiduciaries. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (1) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate or the custodian in the capacity of custodian, is the owner of the policy.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”.
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by any parent or legal representative of the minor or by the minor if the minor has attained the age of twelve years.
(P.A. 95-117, S. 13.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-558j. - Powers of custodian.

(a) A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property including, to the extent applicable and consistent with sections 45a-557 to 45a-560b, inclusive, powers pursuant to section 45a-234, but a custodian may exercise those rights, powers and authority in that custodian's fiduciary capacity only.
(b) This section does not relieve a custodian from liability for breach of the provisions of section 45a-558i.
(P.A. 95-117, S. 14.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-559. - Custodian's expenses, compensation and bond.

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Except for one who is a transferor under section 45a-558a, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in subsection (f) of section 45a-559c, a custodian need not give a bond.
(P.A. 95-117, S. 16.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-559a. - Exemption of third party from liability.

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) The validity of the purported custodian's designation; (2) the propriety of, or the authority under sections 45a-557 to 45a-560b, inclusive, for, any act of the purported custodian; (3) the validity or propriety under sections 45a-557 to 45a-560b, inclusive, of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) the propriety of the application of any property of the minor delivered to the purported custodian.
(P.A. 95-117, S. 17.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-559b. - Liability to third persons.

(a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian is not personally liable: (1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
(P.A. 95-117, S. 18.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-559d. - Accounting by and determination of liability of custodian.

(a) A minor who has attained the age of twelve years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the court (1) for an accounting by the custodian or the custodian's legal representative, or (2) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 45a-559b to which the minor or the minor's legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under sections 45a-557 to 45a-560b, inclusive, or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) If a custodian is removed under subsection (f) of section 45a-559c, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
(P.A. 95-117, S. 20.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-559e. - Termination of custodianship.

The custodian shall transfer in an appropriate manner the custodial property to the minor, the legal representative of the minor or the personal representative of the minor's estate upon the earlier of (1) the minor's attainment of twenty-one years of age, or (2) the minor's death, unless a prior distribution of the custodial property has been made pursuant to subsection (b) of section 45a-558k.
(P.A. 95-117, S. 21; P.A. 07-169, S. 2.)
History: P.A. 07-169 added provision re distribution pursuant to Sec. 45a-558k(b) in Subdiv. (2).
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-560. - Applicability.

The provisions of sections 45a-557 to 45a-560b, inclusive, shall apply to a transfer within the scope of section 45a-557b made after October 1, 1995, if: (1) The transfer purports to have been made under the Connecticut Uniform Gifts to Minors Act, sections 45a-546 to 45a-556, inclusive, revision of 1958, revised to January 1, 1995; or (2) the instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of sections 45a-557 to 45a-560b, inclusive, is necessary to validate the transfer.
(P.A. 95-117, S. 22.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-560a. - Effect on existing custodianships.

(a) Any transfer of custodial property as defined in sections 45a-557 to 45a-560b, inclusive, made before October 1, 1995, is validated notwithstanding that there was no specific authority in the Connecticut Uniform Gifts to Minors Act, sections 45a-546 to 45a-556, inclusive, revision of 1958, revised to January 1, 1995, for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) The provisions of sections 45a-557 to 45a-560b, inclusive, shall apply to all transfers made before October 1, 1995, in a manner and form prescribed in the Connecticut Uniform Gifts to Minors Act, sections 45a-546 to 45a-556, inclusive, revision of 1958, revised to January 1, 1995, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on October 1, 1995.
(P.A. 95-117, S. 23.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802d - Connecticut Uniform Transfers to Minors Act › Section 45a-560b. - Uniformity of application and construction.

Sections 45a-557 to 45a-560b, inclusive, shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of sections 45a-557 to 45a-560b, inclusive, among states enacting them.
(P.A. 95-117, S. 24.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802e - Durable Power of Attorney › Section 45a-562. (Formerly Sec. 45-69o). - Power of attorney to survive disability or incompetence.

Section 45a-562 is repealed, effective October 1, 2016.
(P.A. 76-54, S. 1, 2; P.A. 78-44; P.A. 80-476, S. 183; P.A. 81-396, S. 1; P.A. 15-240, S. 57; P.A. 16-40, S. 9.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802f - Powers of Appointment › Section 45a-568. (Formerly Sec. 45-120). - Power of appointment may be released; definitions.

(a) As used in sections 45a-568 to 45a-572, inclusive, (1) “power of appointment” includes all powers which are in substance and effect powers of appointment regardless of the language used in creating them and (2) “release” includes (A) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power of appointment, and (B) an instrument wherein the person who executes it in substance states that he releases all right to exercise, or participate in the exercise of, a power of appointment otherwise than within limits therein defined, or agrees not to exercise, or participate in the exercise of, a power of appointment otherwise than within the limits therein defined.
(b) A power of appointment, whether or not coupled with an interest, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, unless otherwise expressly provided in the instrument creating the power.
(1949 Rev., S. 6909, 6913; P.A. 80-476, S. 335.)
History: P.A. 80-476 rearranged provisions and divided section in Subsecs; Sec. 45-120 transferred to Sec. 45a-568 in 1991.
Annotation to former section 45-120:
Cited. 152 C. 666.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802f - Powers of Appointment › Section 45a-569. (Formerly Sec. 45-121). - Method of release. Not valid as to land unless recorded.

(a) A power releasable according to section 45a-568 may be released, wholly or partially, by the delivery of a written release executed by the donee of the power, for consideration or under seal, to any person who could be adversely affected by the exercise of the power, or to any person who, alone or with another or others, holds in trust property subject to the power, or, in the case of a power created by will, by the filing of such release in the court of probate in which the will was proved or allowed.
(b) A release of a power of appointment shall not be valid as to land in the state subject to such power, except as against the releasor and persons having actual notice of the release, unless (1) in case of a power created by will or other written instrument, the release is acknowledged in the manner required in the case of deeds of land to entitle them to be recorded and is recorded in the land records of the town in which the land lies or (2) in case of a power created by will, the release is filed in the probate court in which the will was proved or allowed.
(1949 Rev., S. 6910; P.A. 80-476, S. 336.)
History: P.A. 80-476 divided section into Subsecs., replaced alphabetic Subdivs. with numeric Subdivs. and made minor wording changes; Sec. 45-121 transferred to Sec. 45a-569 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802f - Powers of Appointment › Section 45a-570. (Formerly Sec. 45-122). - Extent of release.

A release executed by the donee of a power releasable according to section 45a-568, and delivered or filed in accordance with section 45a-569, shall be effective to release the power to the extent provided in such release.
(1949 Rev., S. 6911; P.A. 80-476, S. 337.)
History: P.A. 80-476 made no substantive change; Sec. 45-122 transferred to Sec. 45a-570 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802f - Powers of Appointment › Section 45a-571. (Formerly Sec. 45-123). - Effect of release of one donee upon other donees.

If a power of appointment releasable according to section 45a-568 is or may be exercisable by two or more persons in conjunction with one another or successively, a release or disclaimer of the power, in whole or in part, executed and delivered or filed, in accordance with section 45a-569, by any one of the donees of the power, shall, subject to the provisions of section 45a-569, be effective to release or disclaim, to the extent therein provided, all right of such person to exercise, or to participate in the exercise of, the power, but, unless the instrument creating the power otherwise provides, shall not prevent or limit the exercise or participation in the exercise thereof by the other donee or donees thereof.
(1949 Rev., S. 6912; P.A. 80-476, S. 338.)
History: P.A. 80-476 made no substantive change; Sec. 45-123 transferred to Sec. 45a-571 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802f - Powers of Appointment › Section 45a-572. (Formerly Sec. 45-123a). - Exercise in favor of further power.

(a) Except to the extent otherwise expressly provided in the instrument creating the power, the donee of a power of appointment over any trust may appoint all or any part of the property subject to such power in further trust and may create further special powers of appointment. Where the donee of the original power could have appointed the property outright to the donee of the further power, any restrictions on the class of permissible appointees imposed by the donor of the original power shall lapse with the exercise of such power. The trustee of any trust the property of which is so appointed shall transfer and pay over such appointed property to the trustee designated by the donee, to be administered subject to the jurisdiction of any court having jurisdiction over the trust to which such property is appointed.
(b) Nothing contained in this section shall be construed to permit the creation of any interest which violates the rule against perpetuities.
(c) This section shall be applicable to all powers of appointment whether created before, on or after June 9, 1976.
(P.A. 76-425, S. 1
–
4; P.A. 80-476, S. 339.)
History: P.A. 80-476 corrected spelling errors; Sec. 45-123a transferred to Sec. 45a-572 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802f - Powers of Appointment › Section 45a-573. - Exercise of power of appointment of property.

The donee of a power to appoint property to anyone other than his estate shall not have the power to appoint property to himself, his estate, his creditors or the creditors of his estate, but may appoint to anyone not expressly excluded from the class of permissible appointees.
(P.A. 92-73, S. 1.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802f - Powers of Appointment › Section 45a-573a. - Applicability of power of appointment of property.

The provisions of section 45a-573 shall apply to all wills and trusts, regardless of the testator's date of death or the date the will or trust was executed, unless (1) the power of appointment expressly includes the power to appoint to the donee, his estate, his creditors or the creditors of his estate, (2) distribution of the estate under the will or trust instrument has been or will be made pursuant to a court order entered before October 1, 1992, or (3) a contrary intention of the donor is demonstrated by clear and convincing evidence.
(P.A. 92-73, S. 2.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802f - Powers of Appointment › Section 45a-573b. - Liability of fiduciary, distributee or appointee re exercise of power of appointment of property.

No fiduciary, no distributee of an estate nor any appointee shall be liable to any other person for any action taken or benefit received before October 1, 1992, which concerns the construction of the power to appoint property to anyone other than the estate of the donee, provided such action was taken by such fiduciary or such benefit was received by such distributee or appointee in good faith.
(P.A. 92-73, S. 3.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802g - Disclaimer of Property › Section 45a-578. (Formerly Sec. 45-299). - Construction of chapter. Definitions.

(a) The provisions of sections 45a-578 to 45a-585, inclusive, shall be liberally construed to promote their underlying purpose and policy of readily permitting the disclaimer of interests.
(b) As used in said sections, (1) the term “nontestamentary instrument” includes, but is not limited to, a trust other than a trust created under a will, an annuity, a policy of life, health or accident insurance, a bank account or any contract or other document naming another party as beneficiary thereof whether such beneficiary takes by survivorship, payment on death or outright grant, but does not include a will; (2) the term “interest” means any interest in property, real or personal, including any power whether granted by instrument or by law, even if held in a fiduciary capacity; (3) the term “will” includes all codicils thereto; and (4) the terms “joint tenancy”, “joint tenant” and “joint tenants” have the same meaning and effect as provided in sections 47-14a to 47-14k, inclusive.
(c) A disclaimer which complies with the requirements of said sections is irrevocable.
(1972, P.A. 62, S. 13; P.A. 81-396, S. 7; P.A. 97-189, S. 1; 97-246, S. 98, 99.)
History: P.A. 81-396 added provision requiring liberal construction, amended definition of “nontestamentary instrument” as trust “other than a trust created under a will” or outright grant, added definition of “interest” and provided that disclaimer in compliance with requirements of chapter is irrevocable; Sec. 45-299 transferred to Sec. 45a-578 in 1991; P.A. 97-189 amended Subsec. (b) by redefining “interest” and defining “will”, “joint tenancy”, “joint tenant” and “joint tenants”; P.A. 97-246 made P.A. 97-189 effective October 1, 1997 and applicable to disclaimers delivered on or after said date and transfers affected by such disclaimers, effective June 27, 1997.
Annotation to former section 45-299:
Cited. 211 C. 323.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802g - Disclaimer of Property › Section 45a-580. (Formerly Sec. 45-303). - Right to disclaim barred, when. Binding effect of disclaimer or waiver.

(a) The right to disclaim an interest is barred by any: (1) Assignment, conveyance, encumbrance, pledge or transfer of the interest or any part thereof, (2) written waiver of the right to disclaim such interest, (3) acceptance of such interest or any of its benefits, provided for such purpose a fiduciary power shall not be deemed accepted unless it has been exercised, (4) sale of such interest under judicial sale, made before the disclaimer is effected, or (5) failure by the owner of the equity of redemption in such interest in real property to redeem pursuant to a judgment of strict foreclosure.
(b) The right to disclaim shall exist notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.
(c) A disclaimer or a written waiver of the right to disclaim, shall be binding upon the disclaimant or person waiving and all parties claiming by, through or under such disclaimant or person.
(1972, P.A. 62, S. 4; P.A. 80-476, S. 342; P.A. 81-396, S. 10; P.A. 97-189, S. 3; 97-246, S. 98, 99.)
History: P.A. 80-476 divided section into Subsecs., revising Subdiv. indicators accordingly and substituted “chapter” for “section” in Subsec. (c); P.A. 81-396 restated previous provisions in simpler language; Sec. 45-303 transferred to Sec. 45a-580 in 1991. P.A. 97-189 amended Subsec. (a)(3) by adding provision re fiduciary power not deemed accepted unless exercised and added new Subdiv. (5) re failure of owner to redeem pursuant to judgment of strict foreclosure; P.A. 97-246 made P.A. 97-189 effective October 1, 1997, and applicable to disclaimers delivered on or after said date and transfers affected by such disclaimers, effective June 27, 1997.
Annotations to former section 45-303:
Cited. 179 C. 463. Is not exclusive list of bars to disclaimers. 211 C. 323.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802g - Disclaimer of Property › Section 45a-581. (Formerly Sec. 45-304). - Right to disclaim under other law.

The provisions of sections 45a-578 to 45a-585, inclusive, shall not abridge the right of any person to assign, convey, release, renounce or disclaim under any other statute or under common law. The enactment of said sections shall not be construed as an impairment of the validity of a partial or complete disclaimer, (1) whether or not such disclaimer was made prior to October 1, 1981, or (2) with respect to a disclaimer of an interest in joint tenancy real property, whether such disclaimer was or is made under any other statute or common law before, on or after October 1, 1997.
(1972, P.A. 62, S. 5; P.A. 81-396, S. 12; P.A. 97-189, S. 4; 97-246, S. 98, 99.)
History: P.A. 81-396 deleted provisions re right of person to renounce property and disclaimers under a testamentary instrument and substituted “October 1, 1981” for “April 20, 1972”; Sec. 45-304 transferred to Sec. 45a-581 in 1991; P.A. 97-189 deleted “any interest arising” and substituted “or disclaim”, designated existing provision re disclaimer made prior to October 1, 1981, as Subdiv. (1) and added Subdiv. (2) re disclaimer of interest in joint tenancy made before, on or after October 1, 1997; P.A. 97-246 made P.A. 97-189 effective October 1, 1997 and applicable to disclaimers delivered on or after said date and transfers affected by such disclaimers, effective June 27, 1997.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802g - Disclaimer of Property › Section 45a-582. (Formerly Sec. 45-305). - Prior interests.

An interest that exists on October 1, 1981, as to which, if a present interest, the time for delivering a disclaimer under subsections (3) and (35) of section 45a-234, subsections (4) and (19) of section 45a-235, and sections 45a-578 to 45a-584, inclusive, has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after October 1, 1981.
(1972, P.A. 62, S. 6; P.A. 80-476, S. 343; P.A. 81-396, S. 11; P.A. 95-117, S. 26; P.A. 15-240, S. 52; P.A. 16-40, S. 9.)
History: P.A. 80-476 made minor changes in wording but made no substantive changes; P.A. 81-396 replaced previous provisions; Sec. 45-305 transferred to Sec. 45a-582 in 1991; P.A. 95-117 deleted reference to Sec. 45a-549(d); P.A. 15-240 deleted “section 45a-562,”, effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 52, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802g - Disclaimer of Property › Section 45a-584. (Formerly Sec. 45-312). - Taxation. Refund for overpayment.

Any interest, rights or powers in property, real or personal, which have been duly disclaimed pursuant to the provisions of sections 45a-578 to 45a-585, inclusive, shall be subject to the tax imposed under chapter 216, and acts amendatory thereof, as if such interests had originally passed to those receiving such interests as a result of disclaimer. If an interest which may be disclaimed has not been disclaimed prior to the computation or the decree provided for in subsection (b) of section 12-367, such tax may be computed as if no possibility of disclaimer existed. A refund for overpayment of such tax as a result of disclaimer may be obtained if a claim for such refund is filed within the time limit and in the manner specified in subsection (d) of section 12-367.
(1972, P.A. 62, S. 14; P.A. 81-396, S. 13.)
History: P.A. 81-396 replaced provisions re computation of tax and added provision re refund for overpayment of tax; Sec. 45-312 transferred to Sec. 45a-584 in 1991.
Annotations to former section 45-312:
Cited. 179 C. 463; 211 C. 323.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802g - Disclaimer of Property › Section 45a-585. (Formerly Sec. 45-311a). - Disclaimers made on or after October 1, 1981. Validity of disclaimers made prior to October 1, 1981.

The provisions of sections 45a-578 to 45a-584, inclusive, shall apply to disclaimers made on or after October 1, 1981, provided disclaimers respecting transfers of property made before and applicable to estates of persons dying before October 1, 1981, shall be valid if made in accordance with the provisions of said sections in effect on September 30, 1981, or in accordance with other statutory or common law.
(P.A. 83-520, S. 9.)
History: Sec. 45-311a transferred to Sec. 45a-585 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-593. (Formerly Sec. 45-58). - United States Secretary of Veterans Affairs or successor to be a party in interest. Notice.

(a) The United States Secretary of Veterans Affairs or the Secretary's successor, shall be a party in interest in any proceedings brought under any provision of the general statutes for the appointment of a guardian or conservator of a veteran of any war or other beneficiary on whose account benefits of compensation, adjusted compensation, pension or insurance or other benefits are payable by the United States Department of Veterans Affairs.
(b) The United States Secretary of Veterans Affairs or the Secretary's successor, shall be an interested party in the administration of the estate of any ward or conserved person on whose account the benefits are payable or whose estate includes assets derived from benefits paid by the United States Department of Veterans Affairs, its predecessor or successor.
(c) Written notice shall be given by regular mail, unless waived in writing, to the division of the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located, of the time and place for a hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any beneficiary of the department. Notice shall be mailed in time to reach such office not less than ten days before the date of the hearing or other proceeding.
(1949 Rev., S. 6865; P.A. 80-476, S. 101; P.A. 95-316, S. 6; P.A. 07-116, S. 8; P.A. 18-72, S. 37.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-58 transferred to Sec. 45a-593 in 1991; P.A. 95-316 amended Subsec. (a) by adding reference to conservators and amended Subsec. (b) by changing notice by registered or certified mail to notice by regular mail; P.A. 07-116 added reference to “conserved person” in Subsec. (b) and made technical changes; P.A. 18-72 amended Subsecs. (a) and (b) to replace reference to Administrator of Veterans' Affairs with references to United States Secretary of Veterans Affairs, and replaced references to Veterans' Administration with references to United States Department of Veterans Affairs.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-595. (Formerly Sec. 45-59). - Investment of funds in insurance and annuity contracts by conservator or guardian of estate.

Upon application of a conservator or the guardian of the estate of a ward, conserved person or other incapable person, the Court of Probate may authorize the conservator or guardian to invest income or principal of the estate, to the extent found reasonable by the court under all the circumstances, in one or more policies of life or endowment insurance or one or more annuity contracts issued by a life insurance company authorized to conduct business in this state, on the life of the ward, conserved person or incapable person, or on the life of a person in whose life the ward, conserved person or incapable person has an insurable interest. Any such policy or contract shall be the sole property of the ward, conserved person or incapable person whose funds are invested in it.
(1949, S. 2903d; P.A. 80-476, S. 103; P.A. 07-116, S. 9.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-59 transferred to Sec. 45a-595 in 1991; P.A. 07-116 added references to conserved person, and added reference to other incapable person.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-597. (Formerly Sec. 45-60a). - Payment by guardian or conservator of administration expenses of deceased person.

(a) Upon the death of a person with respect to whose estate a guardian or conservator has been duly appointed by a Probate Court, has qualified and is acting as such, if (1) the estate consists entirely of personalty, and (2) the estate remaining in the hands of the guardian or conservator at the time of the death of the person is not more than sufficient to pay expenses incurred during the lifetime of the person and not paid as of the date of death, administration expenses necessary to the settlement of the fiduciary's final account and the funeral expenses, including the cost of a suitable monument and cemetery plot, then such guardian or conservator may pay such expenses and take credit therefor on his final account. The payments shall be subject to the limitations set forth in sections 17b-95 and 17b-300.
(b) If the estate is less than sufficient to pay all such expenses in full, the provisions of section 45a-365 as to order of payment shall govern.
(1967, P.A. 872; 1969, P.A. 650; 1972, P.A. 294, S. 38; P.A. 80-476, S. 105; P.A. 84-294, S. 6; P.A. 91-49, S. 3; P.A. 11-128, S. 7; P.A. 21-100, S. 12.)
History: 1969 act added reference to Sec. 17-300; 1972 act deleted references to Secs. 17-105 and 17-129 and added reference to Sec. 17-83g; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 84-294 amended Subsec. (a) by rewording provision re payment of administration expenses; Sec. 45-60a transferred to Sec. 45a-597 in 1991; P.A. 91-49 amended Subsec. (a) by deleting phrase “who had been duly adjudicated incompetent by a court of probate and” and deleting references to “ward or incompetent” and substituting “protected person” in lieu thereof; P.A. 11-128 amended Subsec. (b) to substitute reference to Sec. 45a-365 for reference to Sec. 45a-392, effective July 1, 2011; P.A. 21-100 amended Subsec. (a) by replacing “minor” with “person”, deleting provision re death of person with respect to whose estate conservator has been appointed, replacing “protected person” with “person” and making technical changes, effective July 1, 2021.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-598. - Parental visitation of protected adult.

Any person who is the parent of an adult person with intellectual disability or a mental disability for whom a conservator of the person or guardian has been appointed may file a motion with the probate court having jurisdiction over the conservatorship or guardianship seeking an order of visitation with such adult person. After notice and hearing, the court may grant the order which shall set forth the terms and conditions of visitation including, but not limited to, the schedule of visitation, including the dates or days, time and place or places in which the visitation can occur, whether overnight visitation will be allowed and any other terms and conditions which the judge determines should be incorporated into the order of visitation which are in the best interest of the person with whom visitation is sought.
(P.A. 95-147; P.A. 11-129, S. 20.)
History: Pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-599. - Transfer of guardianship file between Probate Courts.

(a) On the petition of a party or on the court's own motion, a Probate Court may transfer a matter concerning the guardianship of the person of a minor under sections 45a-603 to 45a-625, inclusive, or termination of parental rights under sections 45a-715 to 45a-719, inclusive, to another Probate Court where a prior matter concerning the same minor is pending or continuing, provided the transferring court finds that the transfer is in the best interest of the minor.
(b) When any minor for whom a guardian has been appointed becomes a resident of any town in the state in a probate district other than the one in which a guardian was appointed, such court in that district may, upon motion of any person deemed by the court to have sufficient interest in the welfare of the respondent, including, but not limited to, the guardian or a relative of the minor under guardianship, transfer the file to the probate district in which the minor under guardianship resides at the time of the motion, provided the transfer is in the best interest of the minor.
(c) Upon issuance of an order to transfer a file under this section, the transferring court shall transmit a digital image of each document in the court file to the transferee court using the document management system maintained by the Office of the Probate Court Administrator. The transferee court shall thereupon assume jurisdiction over the guardianship.
(P.A. 96-202, S. 9; P.A. 17-136, S. 12; P.A. 18-45, S. 8.)
History: P.A. 17-136 replaced provision re transfer and delivery of documents with provision transferring court to transmit digital image of each document in court file to transferee court using document management system maintained by the Office of the Probate Court Administrator, effective January 1, 2018; P.A. 18-45 added Subsec. (a) re transfer of guardianship matter to another Probate Court where prior matter concerning same minor is pending or continuing, designated existing provisions re transfer of file to probate district in which minor under guardianship resides as Subsec. (b), and amended same by replacing “application” with “motion”, and designated existing provisions re transmission of digital image of documents to transferee court and court's assumption of jurisdiction over guardianship as Subsec. (c), effective January 1, 2019.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-603. (Formerly Sec. 45-42). - Residence of minor defined.

For the purposes of sections 45a-132, 45a-593 to 45a-597, inclusive, 45a-603 to 45a-622, inclusive, and 45a-629 to 45a-638, inclusive, the residence of a minor means his or her actual residence and not that imputed to the minor by the residence of his or her parents or guardian.
(1949 Rev., S. 6849; P.A. 79-460, S. 3.)
History: P.A. 79-460 added feminine personal pronouns where necessary; Sec. 45-42 transferred to Sec. 45a-603 in 1991.
See Sec. 45a-604 for applicable definitions.
Annotations to former section 45-42:
Cited. 135 C. 128; 193 C. 393.
Child's domicile is that of the parent with whom he actually lives. 14 CS 59.