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Wills, Trusts & Estates Keyed to Bonfield
Ruotolo v. Tietijen
Citation:
890 A.2d 166 (Conn. 2006)Facts
On March 1, 1990, John N. Swanson executed a will that included a residuary clause bequeathing half of the residuary estate to his stepdaughter, Hazel Brennan, provided she survived him. However, Brennan passed away on January 2, 2001, seventeen days before Swanson’s death. Since stepchildren fall within the scope of Connecticut General Statutes, which governs the anti-lapse statute, the issue arose as to whether the bequest should pass to Brennan’s heirs or lapse and pass intestate. The Probate Court, in a decision dated April 26, 2002, concluded that the anti-lapse statute did not apply, causing the bequest to lapse and become part of the intestate estate. On February 9, 2001, the will was admitted to probate. Two beneficiaries, Fred and Charlene Ruotolo, appealed.
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