Connecticut Appellate Court finds that Fiduciary should not have been removed as Executrix for Estate
Saccu’s Appeal from Probate, 97 Conn. App. 710, 905 A.2d 1285 (2006)
The plaintiff and executrix, Jane Saccu, originally filed accountings with the Probate Court confirming that she utilized estate funds to make repairs to and pay property taxes for real property left to her by the decedent, her father, as a life estate. The defendant and decedent’s son, Richard Barreta, objected to the accountings and sought to remove the executrix as a fiduciary for the Estate of Gicomo Barretta (the “Estate”). The plaintiff was removed from her duties as executrix and compelled to reimburse the Estate pursuant to a Probate Court order. The Probate Court found that the plaintiff had breached her fiduciary obligation when she utilized the estate funds for repairs and taxes. The plaintiff appealed the Probate Court order but the Superior Court entered judgment in favor of the defendant and dismissed the appeal.
On appeal to the Appellate Court, the plaintiff claimed that her removal as executrix was an abuse of discretion because there was no finding that she posed a continuing risk to the Estate if she continued in her duties as fiduciary. The Appellate Court agreed and found, pursuant to Conn. Gen. Stat. § 45a-242, that the Plaintiff should not have been removed as the executrix because the specific finding had not been made. The case was remanded with instructions to have the executrix reinstated and the judgment was reversed in part.
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