Sec. 45a-266. (Formerly Sec. 45-175a). Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent's estate. - Connecticut Statutes

      Sec. 45a-266. (Formerly Sec. 45-175a). Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent's estate. (a) Where any property, subject to any lien, security interest or other charge at the time of the decedent's death, is specifically disposed of by will, passes to a distributee, or passes to a joint tenant under a right of survivorship, or where the proceeds of any policy of insurance on the life of the decedent are payable to a named beneficiary and such policy is subject to any lien, security interest or other charge, the fiduciary, as defined in section 45a-353, is not responsible for the satisfaction of such encumbrance out of the assets of the decedent's estate, unless, in the case of a will, the testator has expressly or by necessary implication indicated otherwise. A general provision in the will for the payment of debts is not such an indication.

      (b) Any such encumbrance is chargeable against the property of the decedent or the proceeds of a policy of insurance on the life of the decedent, subject thereto. Nothing in this section imposes upon a testamentary beneficiary, distributee, joint tenant or named insurance beneficiary any personal liability for the payment of the debt secured by such encumbrance.

      (c) Where any lien, security interest or other charge encumbers: (1) Property passing to two or more persons, the interest of each such person shall, only as between such persons, bear its proportionate share of the total encumbrance; (2) two or more properties, each such property shall, only as between the recipients thereof, bear its proportionate share of the total encumbrance.

      (1971, P.A. 79, S. 1; P.A. 73-297; P.A. 80-476, S. 239; P.A. 87-384, S. 24; P.A. 90-230, S. 60, 101; P.A. 93-67.)

      History: Section applicable with respect to all wills and codicils executed on and after October 1, 1971; P.A. 73-297 substituted "mortgage" for "secured debt" and "security interest"; P.A. 80-476 substituted "real property" for "real estate"; P.A. 87-384 deleted former provisions and added provisions re responsibility of fiduciary for encumbrances on property of decedent or on proceeds of life insurance; P.A. 90-230 corrected an internal reference in Subsec. (a); Sec. 45-175a transferred to Sec. 45a-266 in 1991; P.A. 93-67 applied provisions to property passing to a joint tenant under right of survivorship.