Wednesday, July 28, 2010

Probate Judge Rules Land Trusts Valid; Heirs to Appeal

New Britain Probate Judge Walter Clebowicz ruled that two trusts that gave a dead woman's land to three local churches can't be changed or revoked.

The 80 acre-parcel is valued at $2 million and is needed for plans to build a $118 million sports arena in the town's northeast corner.

Clebowicz had been asked to rule on the establishment of the trusts by Smoron's heirs who claim they were not notified of a May 12, 2009 hearing.

Then conservator John T. Nugent applied to Southington Probate Court Judge Bryan Meccariello for permission to create and fund the trusts and received it at the May hearing.

Meccariello has since said he approved the creation of the trusts but did not authorize their funding. He also said he erred by not notifying the potential heirs of the hearing and recused himself from the case in February 2010.

The Council on Probate Judicial Conduct has determined there is probable cause of judicial misconduct by Meccariello. A public hearing is set for September.

Full Article and Source:
Probate Judge Rules Land Trust Valid; Heirs' Attorneys to Appeal

See Also:
Judicial Council Finds Probable Cause Against Probate Judge

5 comments:

Anonymous said...

Why would a judge willingly and knowingly violate a basic law such as requirement of notice to heirs?

Ka-ching! Ka-ching! Ka-ching!

I smell a kickback from the commercial property people.

tvfields said...

What was Josephine Smoron's condition at the time the trusts were created? Is this another example which demonstrates the need for more reliable safeguards, including the 5-step forensic protocol which has been advocated here and elsewhere.

Larry said...

Hmmmmmm, who profits here? Oh yes, the church. Well, that's what this is all about then....

Watching said...

I'm sorry to say the heirs will likely lose. The appellate court isn't any cleaner than the lower court.

I believe Anon 1 is right on track here.

jerri said...

aha the judge got caught LYING this was all planned folks usually these dirty deeds do not get publicity aha this time they got caught LYING welcome to the dirty dealings of probate court i hope the feds come knocking and subpoena all of this gangs financial records hmmmmm wonder what other cases have the same pattern the church needs to hang their heads in shame what a disgrace