Sec. 45a-368. (Formerly Sec. 45-230q). Liability of beneficiaries.
284 words·~1 min read·
/ct/title-45a/chapter-802b-decedents-estates/45a-368·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Subject to the provisions of sections 45a-369 to 45a-375 , inclusive, a beneficiary is liable, in an action or actions brought in the Superior Court, to the extent of the fair market value on the date of distribution of any assets received by such beneficiary from the estate of a decedent, for the expenses of administering the estate, claims, funeral expenses of the decedent and all taxes for which the estate is liable, which have not previously been recovered out of assets held by the fiduciary or from any other source described in subsection
(b)of this section. For purposes of this section, the date of distribution of real estate specifically devised and real estate passing under the laws of descent and distribution shall be the date of the decedent's death.
(b)No liability may be imposed upon any such beneficiary under subsection
(a)of this section, unless the plaintiff establishes to the court that the obligation to the plaintiff cannot be fully satisfied:
(1)Because there are insufficient assets available for such purpose in the hands of the fiduciary;
(2)by action against persons prior in liability to the beneficiary under subsections (a),
(b)and
(c)of section 45a-369 , because such persons are insolvent or for any other reason, other than not being amenable to suit in this state, cannot be made to answer for their liabilities; and
(3)by the enforcement, under section 45a-266 , of any lien, security interest or other charge he holds against assets of the decedent specifically disposed of by will or passing to a distributee, or against the proceeds of any policy of insurance on the life of the decedent payable to a named beneficiary.