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By Rachael Scarborough King Register Staff One of the last vestiges of Connecticut's Colonial government -- the Probate Court system -- is due for a major overhaul in the coming months and years.
A probate lawyer could be required to surrender a portion of his fees as a sanction for his failure to obtain prior approval for payment from the private funds of the personal representative of an estate, the D.C. Court of Appeals has ruled. The personal representative of an estate retained the lawyer to obtain possession of the decedent's residence from a relative. When the matter was resolved, the lawyer accepted a $7,000 payment for his services directly from the personal representative's own funds, even though his retainer agreement provided that he would not collect his fees until probate was completed and that his fees would be paid from estate funds.
Writ of mandamus
Prohibition to prevent probate court from exercising jurisdiction over a declaratory judgment action - Writ denied, when.
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