CT Bar CT Bar Wills Trusts & Estates 2 — Questions and Answers
Question 1: Under Connecticut law, a surviving spouse's elective share entitles them to what portion of the deceased spouse's estate?
- One-quarter
- One-third (Correct answer)
- One-half
- The entire estate if no children
Correct answer: One-third
C.G.S. § 45a-436 grants a surviving spouse the right to elect against the will and take a life use of one-third of the deceased spouse's estate.
Question 2: Which Connecticut statute governs the Connecticut Uniform Trust Code?
- C.G.S. §§ 45a-499a et seq. (Correct answer)
- C.G.S. §§ 45a-250 et seq.
- C.G.S. §§ 45a-436 et seq.
- C.G.S. §§ 45a-98 et seq.
Correct answer: C.G.S. §§ 45a-499a et seq.
Connecticut adopted the Uniform Trust Code, codified at C.G.S. §§ 45a-499a through 45a-499bbb, effective January 1, 2020, modernizing trust administration rules.
Question 3: Under the Connecticut UTC, a trustee's duty of loyalty requires the trustee to administer the trust solely in the interest of which party?
- The settlor
- The beneficiaries (Correct answer)
- Both the settlor and beneficiaries equally
- The court that has jurisdiction
Correct answer: The beneficiaries
Under C.G.S. § 45a-499s, a trustee must administer the trust solely in the interests of the beneficiaries, prohibiting self-dealing or conflicts of interest.
Question 4: Connecticut's rule against perpetuities, as modified by statute, permits trusts to last for how long?
- Lives in being plus 21 years (common law)
- 90 years (Correct answer)
- 360 years
- Indefinitely — Connecticut abolished the rule
Correct answer: 90 years
Under C.G.S. § 45a-499y (UTC) and prior statutes, Connecticut applies a wait-and-see period of 90 years as an alternative to the traditional common-law rule against perpetuities.
Question 5: In Connecticut, a power of attorney that survives the principal's subsequent incapacity is known as a:
- General power of attorney
- Durable power of attorney (Correct answer)
- Springing power of attorney
- Irrevocable power of attorney
Correct answer: Durable power of attorney
A durable power of attorney under C.G.S. § 1-350 et seq. (Connecticut Uniform Power of Attorney Act) remains effective despite the principal's incapacity because it contains specific durability language.
Question 6: Under Connecticut intestate succession law, if a decedent dies with a surviving spouse and two children, how is the estate distributed?
- Entire estate to the surviving spouse
- Equal thirds to spouse and each child
- Spouse takes first $100,000 plus half the remainder; children share the other half (Correct answer)
- Children take the entire estate
Correct answer: Spouse takes first $100,000 plus half the remainder; children share the other half
Under C.G.S. § 45a-437, when a decedent leaves a surviving spouse and children, the spouse receives the first $100,000 of the estate plus one-half of the balance, with the remaining half distributed among the children.
CT Bar CT Bar Wills Trusts & Estates 2
Under Connecticut law, a surviving spouse's elective share entitles them to what portion of the deceased spouse's estate?