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6 Conn. Prob. L.J. 87 (1991-1992)
Heir-Hunting Agreements: Recommendations for the Extension Probate Court Jurisdiction

handle is hein.journals/qplj6 and id is 93 raw text is: HEIR-HUNTING AGREEMENTS: RECOMMENDATIONS FOR THE EXTENSION OF PROBATE COURT JURISDICTION Heir-hunters are frequent visitors to Connecticut's probate courts.' The probate courts grant heir-hunters access to probate records that identify estates whose probate has been delayed due to missing heirs.2 Connecticut's probate courts are unable to over- see the activities of these self-serving intermeddlers because our probate courts currently have no jurisdiction over agreements be- tween heir-hunters and beneficiaries of estates. In Connecticut, heir-hunting is essentially an unregulated practice. Many other states, however, regulate heir-hunting by either statute or common law. In some jurisdictions, the legislature has authorized probate courts to examine such assignments.3 Heir-hunters sometimes provide a useful and necessary service. Very often, however, they are intermeddlers advancing their own financial interests at the beneficiaries' expense. A common law de- cision or statutory enactment prohibiting all heir-hunting activity would eliminate an enterprise that is sometimes beneficial and so- cially productive. Maintaining the status quo, however, risks ex- ploitation of heirs and probate proceedings by these self-serving intermeddlers. If the probate courts reviewed such agreements, then heirs would be protected from unscrupulous heir-hunters while reputable heir-hunters could continue to provide their services. This Note examines the practice of heir-hunting as it may effect probate proceedings when an uninvited heir-hunter operates outside of those proceedings. In this instance the heir-hunter will, independently of the probate proceedings, seek to secure an assign- ' Telephone Interview with Marge Tanzallo, Clerk, Trumbull Probate Court (July 31, 1991) (Oh, they call here all the time.); Telephone Interview with Isabelle Shea, Clerk, Fairfield Probate Court, July 31, 1991) (They send us letters and forms to fill out all the time.). See, Twiss v. Department of Treasury, 239 N.J. Super. 342, 571 A.2d 333 (1990). CAL. PROB. CODE § 11604 (West 1990); N.Y. SURR. CT. PRoc. ACT § 2112. (McKinney 1990).

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