Connecticut General Statutes 45a-372 – Action not impaired by failure to present claim to fiduciary. Proper person to sue following final distribution
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(a) Except as otherwise provided in subsection (b) of § 45a-357 and § 45a-375, the failure of a plaintiff to present his claim to the fiduciary as prescribed by law shall not impair his right to maintain an action against the beneficiaries under § 45a-368; provided nothing contained herein shall extend the time limited for the commencement of an action to enforce plaintiff’s claim.
Terms Used In Connecticut General Statutes 45a-372
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fiduciary: A trustee, executor, or administrator.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(b) Following final distribution of all assets known to a fiduciary, any suit on an unsatisfied obligation described in subsection (a) of § 45a-368 shall be brought against beneficiaries and not against the fiduciary, unless the plaintiff is seeking to have the fiduciary personally surcharged.