The Register Citizen (Torrington, CT)
No decision after hearing on status of Jennifer Dulos
FARMINGTON — Probate Court Judge Evelyn Daly took no action Thursday, instead opting to consider if she would need more evidence before issuing a ruling on whether Jennifer Dulos is dead.
During a hearing in Farmington Regional Probate Court, Daly said there is no Connecticut case law that would support making a determination that the New Canaan mother of five who has been missing since May 2019 is legally dead.
After hearing arguments from attorneys involved in the case on why they felt Jennifer Dulos should be declared dead, Daly adjourned the proceedings without making a decision. It remained unclear whether she would schedule another hearing on the matter to seek more evidence or issue a ruling based on arrest warrants.
Attorney Christopher Hug, the administrator of Fotis Dulos’ estate, asked the Probate Court judge to declare Jennifer Dulos dead so he can access a $194,000 Individual Retirement Account that has been off limits with no beneficiary.
Hug is asking Daly to override a state law requiring a seven-year waiting period to declare a missing person legally dead by relying on the arrest warrant charging Fotis Dulos with the murder of his estranged wife.
“There’s a great deal of interest in closure for the benefit of the family,” Hug argued during Thursday’s hearing.
Fotis Dulos died Jan. 30 from an apparent suicide while facing murder, kidnapping and other charges in the death and disappearance of his estranged wife.
He died deeply in debt with all of the properties associated with his real estate development company, Fore Group, now in foreclosure.
The primary creditor of his estate is his mother-inlaw, Gloria Farber, who has been caring for the five Dulos children since their mother vanished. Farber is owed nearly $2 million that she was awarded in a lawsuit over unpaid business loans her family made to the Fore Group.
Attorney Richard Weinstein, who represents Farber, said the family supports a judge’s ruling that Jennifer Dulos has died.
“The sooner we can get to the closure of Dulos’ estate, the better it will be for everyone,” Weinstein said. “The tragic truth of the matter is that Jennifer Dulos is dead.”
However, attorney Jon Schoenhorn said a full evidentiary hearing should be held before a judge makes a ruling. Schoenhorn represents Michelle Troconis, the former girlfriend of Fotis Dulos who has pleaded not guilty to conspiracy to commit murder and other charges in connection with the death and disappearance.
Schoenhorn said the request to declare Jennifer Dulos dead is full of “halftruths,” which he said claims she is not just dead, but was likely killed by her estranged husband.
“I just can’t imagine that these children want the court to make a specific finding that their father killed their mother,” said Schoenhorn, who also argued the determination that Jennifer Dulos is dead could impact the criminal charges against his client.
Weinstein said the request for Jennifer Dulos to be declared dead has nothing to do with any ongoing criminal cases.
“This is just going to be an excuse for some media frenzy around the Troconis case,” Weinstein said.
Anne Dranginis one of the lawyers for Gloria Farber, argued that Schoenhorn “does not have standing” to be a part of the discussion regarding Jennifer Dulos.
Attorney Peter Alter, guardian ad litem for Jennifer Dulos, said that even if she was still alive, the estate is “insolvent” and there would be little for her to claim.
“To what end does the prolonging of her being determined to be dead benefit her,” he said.
Weinstein said he is against staging a hearing that would involve testimony from the lead investigators in the case who wrote the arrest warrant charging Fotis Dulos with murder.
“We wouldn’t want to do anything that would undermine their efforts,” Weinstein said.
Hug implored Daly to “look at the big picture” and craft an order determining that Jennifer Dulos predeceased her husband.