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Probate Law Supreme Court Opinion

by Roy, Christopher

 

SC20009 - Hynes v. Jones ("The dispositive issue in this certified appeal is whether the Probate Court has jurisdiction to approve or monitor use of a September 11th Victim Compensation Fund (fund) award that had been paid to a surviving spouse as a 'representative payee' for the benefit of her minor child. The plaintiff, Carolyne Y. Hynes, appeals, upon our grant of her petition for certification, from the judgment of the Appellate Court affirming the judgment of the trial court dismissing her appeal from the decree of the Probate Court. Hynes v. Jones, 175 Conn. App. 80, 82–85, 167 A.3d 375 (2017). On appeal, the plaintiff claims that the Probate Court lacks jurisdiction over a fund award paid to the plaintiff as a "representative payee" because that award is neither (1) the property of the estate of her late husband, the decedent Thomas Hynes, within the meaning of General Statutes § 45a-98 (a), nor (2) the property of their daughter, Olivia T. Hynes, within the meaning of General Statutes § 45a-629 (a), which governs property to which a minor child is 'entitled,' or General Statutes § 45a-631 (a), which governs property 'belonging to' a minor. We agree with the plaintiff and, accordingly, reverse the judgment of the Appellate Court.")