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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7415
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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In Connecticut can a fiduciary (executrix) file a claim

Customer Question

In Connecticut can a fiduciary (executrix) file a claim against the estate? Is there a conflict of interest?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Under most state probate codes, if the personal representative (executor), files a claim against the estate, or has a conflict of interest of any kind (a close relative is the claimant), then the personal representative must disallow the claim and have the matter set for a hearing. Depending on what the claim is about, the court may appoint a special administrator to represent the estate. Such matters should be handled carefully, and with the advice of counsel in order to avoid future legal problems for the personal representative.

Customer: replied 1 year ago.
The claim relates to $40K of credit card debt that the decedent promised to pay on behalf of the fiduciary. What issues might need the advice of counsel (I am an attorney but do not practice probate law)
Expert:  Irwin Law replied 1 year ago.

Let me back up here and ask who are the beneficiaries of the estate, beside yourself? Will the other beneficiaries consent in writing to the estate paying that $40 K debt? Are any of the other beneficiaries minors?