Connecticut Appellate Court Victory

In a decision released on December 24, 2024 arising out of an appeal argued by Verrill attorney Andrew Nevas on September 9, 2024 in front of the Connecticut Appellate Court, the Appellate Court unanimously upheld a Superior Court ruling in favor of Verrill clients Barbara Heibeck and Skylar Smith.

In Heibeck v. Heibeck, the Connecticut Appellate Court affirmed a Superior Court judgment in favor of Barbara and Skylar that upheld the validity of a 99-year lease executed by George W. Heibeck, Barbara and Skylar in 2016. The lease, which commenced upon George’s death in 2019, granted Barbara and Skylar rights to operate and manage certain family properties, including a food stand and other commercial spaces. George’s other heirs argued that the lease was invalid because its term began upon George’s death and, therefore, should be considered a testamentary instrument (akin to a will). The court rejected this argument, ruling that the lease was contractual in nature and not testamentary. It created enforceable rights for Barbara and Skylar at the time of execution and functioned as a valid contract rather than a testamentary instrument. The court emphasized that such contracts are permissible under Connecticut law even if their performance is postponed until after the lessor’s death. On February 11, 2025, the Connecticut Supreme Court denied the Defendants’ Petition for Certification, in which the other heirs sought to have the Connecticut Supreme Court review the Appellate Court’s decision. The Appellate Court decision, and denial of certification by the Supreme Court, effectively affirmed Barbara and Skylar’s long-term control over the leased property.

Nevas was joined on the brief by Verrill attorney Kristen Rossetti.