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Probate Law Appellate Court Opinion

by Zigadto, Janet


AC43751 - In re Probate Appeal of McIntyre (Probate appeal; removal of custodian of account created pursuant to Connecticut Uniform Transfers to Minors Act; "The plaintiff, Ian McIntyre, individually and as the custodian of an account created pursuant to the Connecticut Uniform Transfers to Minors Act (UTMA), General Statutes ยง 45a-557 et seq. for the benefit of his son, Douglas McIntyre, appeals from the judgment of the Superior Court denying his appeal from a decree of the Probate Court removing him as the custodian of the account and naming the defendant Janine Carbonaro as the successor custodian. On appeal, the plaintiff claims that the Superior Court (1) lacked subject matter jurisdiction to make certain orders and (2) improperly placed the burden of proof on him to prove that his removal as custodian was not warranted. We agree with both claims.")