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Palozie v. Palozie

927 A.2d 903 (2007)

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Palozie v. Palozie

Connecticut Supreme Court

927 A.2d 903 (2007)

Facts

Sophie Palozie created a document titled declaration of trust. This declaration stated that, as her last act, Sophie was (1) putting a piece of real property and all the personal property that she owned at her death into a trust for her son, Donald Palozie (plaintiff), and (2) making herself the trustee. Sophie executed a quitclaim deed for the real property, transferring it to herself as the trustee. Two relatives witnessed Sophie signing both the declaration of trust and the quitclaim deed, but Sophie did not tell the relatives what the documents were or record the documents. Two years later, Sophie obtained a restraining order against Donald. The following year, Sophie died, and the documents were discovered in her house. Donald claimed that the trust was valid and gave him title to the real property. Sophie’s estate (defendant) disagreed. The trial court ruled that the documents did not clearly show that Sophie intended to accept the duties of being a trustee, which was required to create a valid, self-managed inter vivos trust. The document also did not create a valid testamentary trust. Therefore, the court awarded the property to Sophie’s estate. Donald appealed.

Rule of Law

Issue

Holding and Reasoning (Borden, J.)

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