08 July 2009

Law allows ‘pet trusts’ that can be enforced- The New Haven Register

Law allows ‘pet trusts’ that can be enforced- The New Haven Register - Serving Greater New Haven, CT.

Starting October 1, Connecticut residents can create pet trusts.  Don't think Leona Helmsley and air conditioned doghouses and gold plated litter boxes.

The law allows residents to set aside funds necessary to provide their pets with reasonable care, including food, shelter and veterinary care, not for lives of extravagance, according to [state Sen. Toni] Boucher.


Of course, the article points out a potential problem; will the planned Probate Court consolidation be able to handle the new oversight duties? 

Another round of thanks to Attorney Matt Berger for sending this link along.

06 July 2009

Single probate court may serve 9 northeastern Connecticut towns - Norwich, CT - Norwich Bulletin

Single probate court may serve 9 northeastern Connecticut towns - Norwich, CT - Norwich Bulletin.

Let the jockeying begin!

I venture up to our state's northeast corner every so often on matters.  I think that article makes a great point that a unified northeast probate district would have to ensure that a central court location would be easy for its citizens to travel to. 

Thanks again to Attorney Matt Berger for this link.

02 July 2009

It’s Now Legal to Catch a Raindrop in Colorado - NYTimes.com

It’s Now Legal to Catch a Raindrop in Colorado - NYTimes.com.

When I was studying for the bar exam, I remember spending probably 5 minutes on water rights.  Riparian v. prior appropriation, etc etc.  Just enough time to learn it, forget it a day after.

Living in eastern states all my life, I've never had a good reason to put "prior appropriation" rules to any use.  It seems totally counter-intuitive that I cannot collect rain that falls in my property.

Of course, if I lived in Colorado, could I then ask the water right owner to pump out my basement after yesterday's storms?

30 June 2009

In Dedham, 1886 bequest is finally being doled out to needy - The Boston Globe

In Dedham, 1886 bequest is finally being doled out to needy - The Boston Globe.

Thanks to Attorney Matt Berger for sending this along.

Connecticut requires a will to be submitted for probate within 30 days of the date of death.  The CT-706 death tax return must be filed with the court within 9 months of the date of death.  Simple estates with no ongoing trusts are generally settled within a year or so.

Count this as one of the exceptions perhaps:

A bequest of $32,000 was a pretty big deal back in 1886, when Hannah Shuttleworth left much of her earthly wealth to Dedham’s “worthy poor.’’ After compounding interest for 123 years, the $230,000-plus in the account today is not too shabby, either.

The money is now being distributed in $500 chunks to the needy, honoring the memory of a quiet homebody whose death mask, black frilly bonnet, and crayon portrait can be found at the Historical Society.

“She was about as shy and retiring as they get,’’ said Dedham’s unofficial historian, Bob Hanson, now of Pepperell. “A tiny little thing.’’

The Shuttleworth Fund burst into the public eye recently as town officials and Town Meeting voters wrangled over the necessary legalities in order to distribute it. Although small amounts of money have flowed out of the fund at times, most of the balance has languished in a bank account - doubling, tripling, and quadrupling - because no one knew what to do with it.

Before bequeathing the cash to the town, Shuttleworth left $10,000 for a new library and another $10,000 for the current Historical Society building - formidable structures that would cost millions today, officials say.

I can only imagine what the Final Account on that find would look like.

19 June 2009

Fishing Friday- 6.19.09

Local fluke season is underway

Hard to think about fishing when the weather has felt more like London than New London.    I'll be hitting the salt after a week in Vermont.  Hopefully, many trout will be caught.

Back in a week or so

17 June 2009

TheDay.com - State in holding pattern on saltwater fishing licenses

TheDay.com - State in holding pattern on saltwater fishing licenses.

The state Department of Environmental Protection suspended sales of saltwater fishing licenses Friday, both through its Web site and the special terminals at many town clerks' offices and bait shops.

Freshwater fishing and hunting licenses are still available through the DEP site and the terminals. Until Friday, the saltwater licenses were also being sold in anticipation of a saltwater license law taking effect June 15, but Gov. M. Jodi Rell has not yet acted on the bill.

DEP spokesman Dennis Schain said the license sales were suspended due to “technical issues” but would be available “immediately” if Rell signs the bill. It is not yet at her office, a Rell spokesman said Tuesday.

”We're ready to go,” Schain said.

If Rell does not sign the bill, the $10 license fee will be refunded to those who have already purchased the license, Schain said.

I want my $10!!!



15 June 2009

Rubin on Tax: USE OF QPRT ALLOWS SALE OF REMAINDER

Rubin on Tax: USE OF QPRT ALLOWS SALE OF REMAINDER.

A recent private letter ruling effectively allows the old rules to operate in context of the transfer of a personal residence to a qualified personal residence trust (QPRT). Due to the special exception from the operation of Section 2702 to qualified personal residences, the IRS has confirmed that a simultaneous sale of the remainder interest in the residence with the transfer of the residence to a QPRT will not run afoul of Section 2702.

Interesting new twist as now you can, according to Rubin's article, have a QPRT based on a life use rather than a term of years.  Also, there would no longer be a taxable gift upon the initial transfer of the property.  Rubin does warn that there would be income tax implications on the sale of the remainder interest, but it does sound like a good estate planning device just got a little better for some clients.

11 June 2009

New blawg: Vickstrom Law Blawg

My law school colleague, Kristina Vickstrom,  has a new website and accompanying blawg

Kris concentrates in estate planning and elder issues and I'm really looking forward to reading her thoughts on our shared interests in the law.

09 June 2009

TheDay.com - Towns look to strike probate court balance

TheDay.com - Towns look to strike probate court balance.


From now until 2011; attorneys, judges, clerks, and clients will wait to see what the Connecticut Probate Court system will look like and how it will work.

While one could argue that the courts should mirror the current Superior Court county-centric system, the local courts aren't willing to sit on their hands and wait until changes are imposed on them:

The Connecticut Probate Assembly has 45 days from the passage of the bill into law to recommend a redistricting plan to a commission tasked with updating the probate system.

The redistricting commission has until Sept. 15 to file its consolidation plan for review by the General Assembly, which will convene in special session to vote on the plan. The new probate-court structure will take effect in January 2011.


According to the article, town leaders are scrambling to gain allies and alliances.  While it would be logical to follow a county system with satellite courts feeding into a main county hub, here's a vote hoping to the state will be listening to its local experts on how best to consolidate.

05 June 2009

TheDay.com - Saltwater licenses are now available

TheDay.com - Saltwater licenses are now available.

and the fun begins.

All anglers will need the license by June 15, paying $10 for resident and $15 for non-resident. If that sounds a bit rushed, also consider the bill to approve the license went through the state house, senate and governor's office in one day.

You can obtain the saltwater license at any place now selling freshwater licenses. Such include town halls, some tackle stores or visits Web site at CTDEP.gov., though as of Thursday the web site had only provisions for resident, nothing yet for people that live in other states. Still unanswered at this point is whether other nearby states will honor a Connecticut license if, say, one runs to Montauk from New London?

And that's the thing for people around here. I'm within a few miles of both New York and Rhode Island waters.  I would hope it would operate similarly to a driver's license rather than a freshwater license where all states have different requirements. 

States obviously don't stock saltwater species, and unlike freshwater streams and lakes, there's no boundary preventing fish from moving between state waters.  There seems to be a compelling reason to make these licenses reciprocal, but I'm sure money will get in the way.