Sec. 45a-372. (Formerly Sec. 45-230u). Action not impaired by failure to present claim to fiduciary. Proper person to sue following final distribution.
Sec. 45a-372. (Formerly Sec. 45-230u). Action not impaired by failure to present claim to fiduciary. Proper person to sue following final distribution. (a) Except
as otherwise provided in subsection (b) of section 45a-357 and section 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 section 45a-368;
provided nothing contained herein shall extend the time limited for the commencement
of an action to enforce plaintiff's claim.
(b) Following final distribution of all assets known to a fiduciary, any suit on an
unsatisfied obligation described in subsection (a) of section 45a-368 shall be brought
against beneficiaries and not against the fiduciary, unless the plaintiff is seeking to have
the fiduciary personally surcharged.
(P.A. 87-384, S. 20; P.A. 89-202, S. 4.)
History: P.A. 89-202 amended Subsec. (a) by changing reference to Sec. 45-230f(c) to Sec. 45-230f(b); Sec. 45-230u
transferred to Sec. 45a-372 in 1991.