Scott Fenstermaker v. Stephen Fenstermaker, et al.

– Rule 14(1)(a) Whether Section 45a-273 of the Connecticut General Statutes, C.G.S. §45a-273 (“Section 273”), which permits the no-notice administration of a decedent’s “small estate,” violates the United States Constitution’s Fourteenth A mendment due process rights of the decedent’s intestate distributees, as those distributees are defined in Connecticut General Statutes Section 438, C.G.S. §45a438 (“Section 438”). Whether Section 45a-128(a) of the Connecticut General Statutes, C.G.S. §45a-128(a) (“Section 128(a)”), as applied to the facts of the instant matter, provides “full right to assail” the no-notice administration of a decedent’s estate to cure any United States Constitution Fourteenth Amendment due process violation of intestate distributees’ Connecticut property rights. See Farrell v. O’Brien, 199 U.S. 89, 100, 116 to 119 (1905) (holding that if “there was full right to assail the existence of the will and its probate” subsequent to the will’s admission to probate, then there was no Federal question and this Court lacked jurisdiction to proceed).