AC 18465 | Conn. App. Ct. | May 16, 2000
Opinion
The plaintiff, the state of Connecticut, commissioner of administrative services, appeals from the judgment of the trial court denying the plaintiffs claim for reimbursement for public assistance payments made on behalf of the decedent, Sally Doran. The dispositive issue on appeal is whether the trial court improperly found that an agreement between Doran and her son, the defendant William LeHerissier, constituted an irrevocable funeral fund. We reverse the judgment of the trial court.
The trial court could have reasonably found the following facts. In 1988, Doran was placed in a convalescent home, at which time the plaintiff began making public assistance payments on her behalf. The payments continued until Doran died on April 18, 1994, and totaled $223,901.71. At the time of Doran’s death, her estate consisted solely of a NICOR stock certificate
Upon Doran’s death, the defendant liquidated the stock, paid for Doran’s funeral expenses in the amount of $4561.28 without the participation of a licensed funeral establishment, paid attorney’s fees in the amount of $646.77 and remitted the balance of $5208.06 to the plaintiff. An affidavit in lieu of administration was filed with the Meriden Probate Court, which authorized the sale of the stock, but did not issue any order of distribution. The defendant received nothing from his mother’s estate.
The plaintiff brought an action against the defendant for reimbursement of the payments, claiming that the defendant should have paid only $1200 for funeral expenses
The plaintiff claims that the court improperly found that Doran created an irrevocable agreement with the defendant for the payment of her funeral expenses pursuant to General Statutes § 42-207.
Section 42-207 provides for the creation of an irrevocable funeral contract that can be transferred from one funeral service establishment to another upon request by the beneficiary.
The trial court acknowledged, in its memorandum of decision, that the defendant’s claim is governed by
No such contracts, formalities or prior payments were made with any licensed funeral establishment, and no irrevocable funeral services contract was entered into prior to the payment of public assistance, which began in 1988. Furthermore, Doran never created a legally valid prepaid irrevocable funeral account. Since neither Doran nor the defendant fulfilled the requirements of § 42-207, the trial court improperly found that the agreement between them constituted an irrevocable funeral fund.
The defendant maintains that, pursuant to § 42-207, he was authorized to pay up to $4800
The judgment is reversed and the case is remanded with direction to render judgment for the plaintiff in
In this opinion the other judges concurred.
The plaintiff raised three additional claims on appeal, namely, that the trial court (1) failed to find that the defendant exercised improper control and dominion over the assets of the legal representative estate of the decedent under a lapsed power of attorney (2) failed to find that the defendant committed conversion (3) improperly applied a standard of judicial equity to relieve the defendant of liability for his conduct. We need not address these issues because the defendant’s noncompliance with General Statutes § 42-207 is dispositive of this appeal.
No evidence was adduced at trial as to the value of the stock prior to her death.
General Statutes § 17b-84 provides in relevant part: “Upon the death of any beneficiary, under the state supplement . . . program the commissioner [of social services] shall order the payment a sum not to exceed . . . one thousand two hundred dollars . . . as an allowance toward the funeral and burial expenses of such deceased. . .
General Statutes (Rev. to 1993) § 42-207 provides: “An irrevocable funeral contract may be entered into in which the amount held in escrow may be disbursed only upon the death of the beneficiary provided such a contract does not exceed [S4800] and that all interest accumulates to the escrow account and is also inaccessible to tire beneficiary. Such irrevocable funeral contracts may be transferred from one funeral service establishment to another upon request of the beneficiary. The purchase of an irrevocable
Since the contract is “irrevocable,” it is inaccessible to the beneficiary.
Chapter 385 sets forth requirements and procedures regarding embalmers and funeral directors.
Section 42-207 has since been amended to allow up to $5400 for funeral expenses.