In this Sept. 8, 2011 photo, Carolyne Hynes sheds a tear with her daughter Olivia, during the 10th anniversary remembrance of the Sept. 11, 2001 terrorist attacks at the Sherwood Isle Living Memorial in Westport, Conn.(Peter Casolino/Hearst Connecticut Media via AP)

In this Sept. 8, 2011 photo, Carolyne Hynes sheds a tear with her daughter Olivia, during the 10th anniversary remembrance of the Sept. 11, 2001 terrorist attacks at the Sherwood Isle Living Memorial in Westport, Conn.(Peter Casolino/Hearst Connecticut Media via AP)

U.S. court wrongly took money from 9/11 widow and daughter

The 7-0 decision ends a decade-long dispute between a probate court and Carolyne Hynes

A Connecticut probate court wrongly took control of nearly $1.3 million in Sept. 11 victim compensation funds earmarked for the young daughter of a World Trade Center attack victim by prohibiting her mother from spending any of the money on expenses related to the girl, the Connecticut Supreme Court ruled Wednesday.

The 7-0 decision ends a dispute that began over a decade ago when a probate court judge ordered Carolyne Hynes, of Weston, to place the money for her daughter in a special account, saying the funds were the girl’s property and should be protected by the court for her to receive when she became an adult.

Hynes argued the September 11th Victim Compensation Fund allowed her to use the money as she saw fit for current and future expenses relating to her daughter, Olivia, who was born six months after her father, Thomas Hynes, died in the 2001 terrorist attack.

READ MORE: Edmonton woman quits Claire’s after refusing to pierce tearful seven-year-old’s ears

The opinion written by Chief Justice Richard Robinson overturned decisions by a trial court and the state Appellate Court in favour of the probate court and will give control of the money back to Hynes. Robinson wrote the victim fund awarded the money to Hynes with the intent that it would not become tied up in probate court proceedings.

“We conclude that our state statutes did not grant the Probate Court jurisdiction to monitor the plaintiff’s use of the fund award or to prohibit the plaintiff from using that award in the absence of that court’s approval,” Robinson wrote.

A message seeking comment was left for Hynes, who also received nearly $1.2 million for herself from the victim fund, which has awarded $4.8 billion to more than 20,000 relatives of Sept. 11 victims.

Hynes’ lawyer, Michael Kaelin, said Wednesday that he was only authorized to say Hynes was pleased with the ruling and grateful the Supreme Court decided to hear her case.

In a 2014 decision, the probate judge, Anthony DePanfilis, expressed concerns over Hynes’ use of the victim compensation funds. He wrote that she “co-mingled” the funds for her and her daughter in one account, bought a home for $884,000 and spent another $150,000 on renovations.

DePanfilis also said Hynes had spent $385,000 of her daughter’s money on dance, music, karate, tennis and other lessons for the girl, as well as for some costs of the girl’s medical insurance, a country club membership and household expenses.

“The sums before us establish that not only had the money been co-mingled, but that it was being spent at an alarming rate and for purposes, most of which are (Hynes’) own obligations,” the probate judge wrote.

READ MORE: Widow evicted from home on WFN land after husband dies

A message seeking comment was left for DePanfilis.

Kaelin, in court documents, said the probate judge’s concerns about Hynes’ handling of the money were unfounded.

Kenneth Feinberg, who oversaw awards from the September 11th Victim Compensation Fund, called the case “unique” and said he agreed with the state Supreme Court’s decision.

“Normally, probate courts give the widow discretion in spending funds for family members especially sons and daughters,” Feinberg said.

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Food trucks will be allowed to operate in several Sooke parks beginning May 1. (Black Press Media file photo)
Sooke’s food truck pilot project under scrutiny

Councillor questions impact food trucks will have on nearby restaurants

A walk for autism awareness. (Black Press Media file photo)
COLUMN: Autism acceptance, not autism awareness

Elizabeth Sparling is the mother of a 24-year-old son with Autism Spectrum Disorder

A vehicle that was driven through the wall of a parkade at Uptown Shopping Centre and into the nearby Walmart on April 9 was removed through another hole in the wall later that night. (Photo via Saanich Police Department and Ayush Kakkar)
PHOTOS: Vehicle driven into Saanich Walmart removed after two trapped workers rescued

Crews cut new hole in parkade wall to remove vehicle safely

Tons of bottles were donated during bottle drives in Sooke and Langford on March 27. The funds raised from the drives will help a local family stay with their daughter during her leukemia treatments in Vancouver. (Photos: Glendora Scarfone)
Sooke, Langford bottle drives help cover family’s costs of staying with daughter during cancer treatments

More than $11,900 raised to help Shae Hanilton’s family stay with her in Vancouver

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

Organ donation form from BC Transplant. (BC Transplant)
POLL: Have you registered as an organ donor?

They number 1.5 million strong and growing. But their numbers still fall… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of April 6

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Two-year-old Ivy McLeod, seen here on April 9, 2021 with four-year-old sister Elena and mom Vanessa, was born with limb differences. The family, including husband/dad Sean McLeod, is looking for a family puppy that also has a limb difference. (Jenna Hauck/ Chilliwack Progress)
B.C. family looking for puppy with limb difference, just like 2-year-old Ivy

Ivy McLeod born as bilateral amputee, now her family wants to find ‘companion’ puppy for her

Four members with Divers for Cleaner Lakes and Oceans were out at Cultus Lake on March 28 and 29 hauling trash out of the waters. (Henry Wang)
PHOTOS: Out-of-town divers remove 100s of pounds of trash from Cultus Lake

Members of Divers for Cleaner Lakes and Oceans hauled out 470 pounds of trash over two days

As of Saturday, April 10, people born in 1961 are the latest to be eligible for a COVID-19 vaccine. (Black Press files)
B.C. residents age 60+ can now register to get their COVID-19 vaccine

Vaccine registration is now open to people born in 1961 or earlier

A new saline gargle test, made in B.C., will soon be replacing COVID-19 nasal swab tests for kids. (PHSA screenshot)
Take-home COVID-19 tests available for some B.C. students who fall ill at school

BC Children’s Hospital plans to provide 1,200 kits to Vancouver district schools this April

Ruming Jiang and his dog Chiu Chiu are doing fine following a brush with hypothermia that saw several people work together to get them out of the Fraser River near Langley’s Derby Reach Park on March 25, 2021 (Special to the Advance Times)
Man finds men who rescued him from drowning in B.C.’s Fraser River

A grateful Ruming Jiang says he will thank them again, this time in person when the pandemic ends

Tyson Ginter, 7, is proud of his latest Hot Wheels he recently received by Quesnel RCMP Const. Matt Joyce. (Photo submitted)
B.C. Mountie handing out toy cars to light up children’s faces

‘A lot of times it will be the only interaction they have with the police,’ says Const. Matt Joyce

Most Read