Estate and probate experts urge rejection of transfer-on-death deed bill, citing elder-abuse and title risks

A broad coalition of probate judges, estate lawyers and title insurers urged the Judiciary Committee on Feb. 27 to reject House Bill 5266, a proposal to adopt a transfer-on-death real property regime in Connecticut.

Attorney Barry Horowitz told the committee the proposal is controversial and avoids probate safeguards. "The use of preprinted forms without deed formalities makes it far too easy for an aggressive heir, caregiver, or fraudster to pressure an elder," Horowitz said.

The Probate Court Administrator, Beverly Scribe, told lawmakers the bill as drafted would increase exploitation and litigation over estate transfers. "Such designations must be appropriately tailored to ensure clear legal rights and protection of vulnerable consumers," Scribe testified.

Title insurance representatives and estate-planning attorneys echoed those concerns. John Anderson of a title insurer said informal transfers often cause title defects and extra litigation. Brian Karp and James Doherty, both experienced in estate planning and probate, argued Connecticut already provides mechanisms (life estates, joint tenancies, trusts) that accomplish most policy goals without creating new risks for elders and beneficiaries.

Opponents also warned about unexpected Medicaid consequences: a gratuitous transfer could disqualify beneficiaries from benefits or trigger estate-recovery liabilities. "If these beneficiaries are going to receive property, they are going to lose benefits," one attorney told the committee.

Proponents said the measure would simplify transfers and reduce probate costs for some families, but opposition witnesses urged a more cautious approach and broader review of other states' implementations.

Ending: No committee vote was recorded; the bill faces substantial procedural and policy objections that the committee will weigh before advancing.