Sec. 52-570a. (Formerly Sec. 52-202). Action against fiduciary. - Connecticut Statutes

      Sec. 52-570a. (Formerly Sec. 52-202). Action against fiduciary. (a) If any person has a legal claim against any executor, administrator, guardian or trustee, on account of moneys paid or services rendered for the estate administered by the executor, administrator, guardian or trustee, and which should justly be paid out of the estate, the claimant may bring a civil action against the executor, administrator, guardian or trustee, while in office, or against the successor of any of them, if such fiduciary has ceased to hold office.

      (b) If the claim is found to be a just one and one which ought to be equitably paid out of the estate, judgment may be rendered in favor of the claimant, to be paid wholly out of the estate held by the executor, administrator, guardian or trustee.

      (c) If there is not sufficient estate to satisfy the claim or claims in the possession of the executor, administrator, guardian or trustee, this section shall not be construed to prevent any claimant from pursuing his legal remedy against the executor, administrator, guardian or trustee, at his election, for the balance that may be due him, nor from electing to hold any such official liable to his personal responsibility for any debt contracted in the execution of the trust.

      (1949 Rev., S. 7954; P.A. 82-160, S. 221.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; Sec. 52-202 transferred to Sec. 52-570a in 1983.

      See Sec. 45a-402 re suits against solvent estates by creditors whose claims have been disallowed.

      Annotations to former section 52-202:

      Statute does not apply to expenses incurred by the claimant in an unsuccessful will contest. 53 C. 116. If statute applies to conservators, it certainly cannot be invoked in a proceeding to which he is in no way a party. 72 C. 172; 93 C. 37. Does not include action for fraud of administrator in selling land of estate. 77 C. 63. Expenses incurred by executors carrying on business. 106 C. 616; 114 C. 692. Cited. 129 C. 582; 130 C. 601. Proceeds from wrongful death action do not become general assets of the estate subject to claim against administrator. 147 C. 233. Word "guardian" does not include conservator. 155 C. 121. Permits trustee to be sued but does not apply to equitable actions and applies only to those who have incurred expenses and are executors, administrators, guardians or trustees. 160 C. 415.

      Trustees held personally liable for taxes assessed on real estate held in trust. 3 CS 66. Expenses incurred by an executor are his personal obligations so far as the person who furnishes them is concerned. 13 CS 400. Where plaintiff performed legal services for estate at request of executrix, since deceased, he has recourse to her estate without seeking judgment against her executor or administrator; history of statute reviewed. 17 CS 5. A suit upon a contract with an administrator does not lie against him in his representative capacity, except claims growing out of moneys paid or services rendered the estate. 20 CS 179. Estate administrator may be sued individually and as administrator for negligence in administering estate properties. 31 CS 407. Plaintiff seeking recovery for services rendered executor or administrator has no standing to appeal probate court decree disallowing his claim but must instead bring a civil action against the executor or administrator for such relief. 36 CS 34.