reglab/housing_qa huggingface dataset:
CT Gen Stat § 45a-359. (Formerly Sec. 45-230h) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-359. (Formerly Sec. 45-230h) - Unmatured, contingent or unliquidated claims.

 (a) If, at the death of any person, there shall be an unmatured, contingent or unliquidated claim or an outstanding bond, note, recognizance or undertaking upon which he was principal, surety, or indemnitor and on which at the time of his death the liability was unmatured, contingent or unliquidated, then the Court of Probate shall, on the petition of either (1) a claimant who has duly presented his claim or (2) the fiduciary to whom an unmatured, contingent or unliquidated claim has been duly presented, after notice to such persons as the court shall direct, conduct a hearing to determine whether a reserve from the assets of the estate should be established to secure the payment of the unmatured, contingent or unliquidated claim. Following such hearing the Court of Probate shall issue an order that (A) no reserve be established or (B) the fiduciary establish a reserve from the assets of the estate in such amount as the court may deem reasonable to secure the payment of the unmatured, contingent or unliquidated claim when the amount thereof shall become due and payable; provided in no event shall the amount of such reserve exceed the difference between the amount of any such unmatured, contingent or unliquidated claim and the value of any security or collateral to which the creditor may resort for payment of such claim. In fixing the amount to be reserved for the payment of any such claim the Court of Probate shall determine the value of any security or collateral to which the creditor may resort for payment of such claim. The order of the Court of Probate concerning the establishment of a reserve shall discharge the fiduciary from all personal liability with respect to such unmatured, contingent or unliquidated claim, with the exception of the fiduciary's obligation to maintain any reserve so established.(b) Any such reserve shall be retained by the fiduciary for such period or periods as the Court of Probate shall direct for the purpose of being applied to the payment of such claim when matured, fixed and liquidated; except that the Court of Probate shall retain jurisdiction over the reserve and may from time to time issue orders regarding the continuation and management of the reserve, including the power to direct the disposition of income and principal. The fiduciary, in managing the reserve, shall be entitled to reasonable compensation and reimbursement for all expenses, including reasonable attorney's fees, which shall be paid out of the reserve. Such portion of the reserve as is not needed to pay the claim when matured, fixed and liquidated shall be distributed according to law by the fiduciary as directed by the Court of Probate.(P.A. 87-384, S. 7.)History: Sec. 45-230h transferred to Sec. 45a-359 in 1991.
CT Gen Stat § 45a-360. (Formerly Sec. 45-230i) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-360. (Formerly Sec. 45-230i) - Allowance or rejection of claims.

 (a) The fiduciary shall: (1) Give notice to a person presenting a claim of the rejection of all or any part of his claim, (2) give notice to any such claimant of the allowance of his claim, or (3) pay the claim.(b) A notice rejecting a claim in whole or in part shall state the reasons therefor, but such statement shall not bar the raising of additional defenses to such claim subsequently.(c) If the fiduciary fails to reject, allow or pay the claim within ninety days from the date that it was presented to the fiduciary as provided by section 45a-358, the claimant may give notice to the fiduciary to act upon the claim as provided by subsection (a) of this section. If the fiduciary fails to reject, allow or pay the claim within thirty days from the date of such notice, the claim shall be deemed to have been rejected on the expiration of such thirty-day period.(P.A. 87-384, S. 8.)History: Sec. 45-230i transferred to Sec. 45a-360 in 1991.Cited. 44 CS 477.
CT Gen Stat § 45a-361. (Formerly Sec. 45-230j) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-361. (Formerly Sec. 45-230j) - Return and list of claims.

 Within sixty days following the expiration of the one-hundred-fifty-day period set forth in subsection (a) of section 45a-356, the fiduciary shall file in the Court of Probate a return and list of claims signed under penalty of false statement by the fiduciary containing (1) a list of all persons notified pursuant to section 45a-357 and (2) a list of all claims presented to the fiduciary within such one-hundred-fifty-day period stating as to each such claim whether and to what extent such claim was allowed or rejected.(P.A. 87-384, S. 9; P.A. 90-45, S. 1; P.A. 99-84, S. 21.)History: P.A. 90-45 reduced the time period for presenting claims from 210 to 150 days to conform to change made to Sec. 45-230e (now 45a-356) by P.A. 89-202; Sec. 45-230j transferred to Sec. 45a-361 in 1991; P.A. 99-84 deleted “sworn to” and inserted “signed under penalty of false statement”.
CT Gen Stat § 45a-362. (Formerly Sec. 45-230k) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-362. (Formerly Sec. 45-230k) - Determination of claims presented if fiduciary dies, resigns or is removed.

 A successor fiduciary may apply to the court of probate having jurisdiction of such estate to determine (1) any and all claims presented to any predecessor fiduciary, (2) the time of presentation of each such claim, (3) whether optional notice was given by any predecessor fiduciary to any persons pursuant to section 45a-357, and (4) whether and to what extent each such claim was rejected, allowed or paid by any predecessor fiduciary. Upon application by a successor fiduciary, after notice to such persons as the court shall direct, the court shall hear and decide the foregoing matters and the court's decision with regard thereto shall, unless timely appealed, be final and conclusive.(P.A. 87-384, S. 10.)History: Sec. 45-230k transferred to Sec. 45a-362 in 1991.
CT Gen Stat § 45a-363. (Formerly Sec. 45-230l) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-363. (Formerly Sec. 45-230l) - Suit against estate on rejected claim; time within which to commence suit or file application.

 (a) No person who has presented a claim shall be entitled to commence suit unless and until such claim has been rejected, in whole or in part, as provided in section 45a-360.(b) Unless a person whose claim has been rejected (1) commences suit within one hundred twenty days from the date of the rejection of his claim, in whole or in part, or (2) files a timely application pursuant to section 45a-364, he shall be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate, except for such part as has not been rejected. If such person dies within thirty days from the date of the rejection of his claim and before suit is commenced or an application is filed, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit or to file the application provided for in section 45a-364. If such person dies more than thirty days but within one hundred twenty days from and including the date of the rejection of his claim and before suit is commenced, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit.(P.A. 87-384, S. 11.)History: Sec. 45-230l transferred to Sec. 45a-363 in 1991.Judicially created ripeness doctrine must yield to legislature's decision to grant jurisdiction over the type of claims identified in section. 305 C. 523.Cited. 42 CA 59. Section does not apply to an action where no estate is party to the suit. 61 CA 608. Section is purely procedural and purpose is to encourage timely settlement of decedents' estates; an estate's rejection of a party's claim does not create a cause of action on which a plaintiff may proceed in Superior Court, and Subsec. (b) simply limits period of time in which plaintiff may pursue cause of action over which court otherwise has jurisdiction. 122 CA 438; judgment reversed, see 305 C. 523.Cited. 44 CS 477.
CT Gen Stat § 45a-364. (Formerly Sec. 45-230m) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-364. (Formerly Sec. 45-230m) - Hearing on rejected claims by Probate Court. Referral of claim to probate magistrate or attorney probate referee for hearing.

 (a) Whenever a claim has been rejected, in whole or in part, as provided in section 45a-360, the person whose claim has been rejected may, within thirty days from and including the date of such rejection, make application to the Probate Court to hear and decide such claim or, in the alternative, may apply to said court to refer the claim to a probate magistrate or attorney probate referee to hear such claim. The court may, in its discretion, grant the application, hear and decide such claim if the application so requests or refer such claim to a probate magistrate or attorney probate referee if the application so requests. The court shall notify the applicant and the fiduciary of its action granting or denying the application within fifteen days after receipt of the application.(b) If the application to receive and decide such claim by the court or for the referral of such claim to a probate magistrate or attorney probate referee is denied, the claimant shall commence suit within one hundred twenty days from and including the date of the denial of the claimant's application or be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate.(c) If the Probate Court refers the claim to a probate magistrate or attorney probate referee, the provisions of section 45a-123 shall govern the proceedings.(P.A. 87-384, S. 12; P.A. 94-66, S. 2, 3; P.A. 13-81, S. 14.)History: Sec. 45-230m transferred to Sec. 45a-364 in 1991; P.A. 94-66 amended Subsec. (f) to authorize the assessment of costs permitted by Sec. 45a-107, effective July 1, 1994; P.A. 13-81 amended Subsec. (a) to substitute “Probate Court” for “Court of Probate”, replace provision re disinterested persons appointed as commissioners to hear and decide claims with provision re referral of claim to a probate magistrate or attorney probate referee, deleted former Subsecs. (b), (d), (e) and (f) re commissioners, redesignated existing Subsec. (c) as Subsec. (b), added new Subsec. (c) re Sec. 45a-123 to govern referred proceedings, and made technical and conforming changes.Cited. 42 CA 59.
CT Gen Stat § 45a-365. (Formerly Sec. 45-230n) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-365. (Formerly Sec. 45-230n) - Order of payment of claims, expenses and taxes.

 Claims, expenses and taxes in the settlement of a decedent's estate shall be entitled to preference and payment in the following order of priority: (1) Funeral expenses; (2) expenses of settling the estate; (3) claims due for the last sickness of the decedent; (4) all lawful taxes and all claims due the state of Connecticut and the United States; (5) all claims due any laborer or mechanic for personal wages for labor performed by such laborer or mechanic for the decedent within three months immediately before the decease of such person; (6) other preferred claims; and (7) all other claims allowed in proportion to their respective amounts.(P.A. 87-384, S. 13.)History: Sec. 45-230n transferred to Sec. 45a-365 in 1991.Repair to property of estate can constitute expense of settling the estate only if it is necessary to conserve the overall value of the estate or ordinary and necessary to preserve the property in question. 64 CA 15.
CT Gen Stat § 45a-366. (Formerly Sec. 45-230o) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-366. (Formerly Sec. 45-230o) - Payment of funeral and last illness expenses of married person.

 The funeral expenses and expenses of the last illness of a married person shall be paid out of his or her estate, if sufficient therefor. If such estate is not sufficient therefor, such expenses shall be paid by his or her spouse.(P.A. 87-384, S. 14.)History: Sec. 45-230o transferred to Sec. 45a-366 in 1991.
CT Gen Stat § 45a-367. (Formerly Sec. 45-230p) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-367. (Formerly Sec. 45-230p) - Payment of claims of fiduciary.

 A fiduciary shall not pay any personal claim of his own until such claim has been approved by the Court of Probate after newspaper notice and hearing, unless the court, for cause shown, waives such notice and hearing. If any such claim is wholly or partly secured, it may be paid out of such security at any time after such approval. The unsecured portion of any such claim and any unsecured claim shall not be paid until after such approval and until after the expiration of the one-hundred-fifty-day period provided for in subsection (a) of section 45a-356.(P.A. 87-384, S. 15; P.A. 90-45, S. 2.)History: P.A. 90-45 reduced the time period for presenting claims from 210 to 150 days to conform to change made to Sec. 45-230e (now 45a-356) by P.A. 89-202; Sec. 45-230p transferred to Sec. 45a-367 in 1991.
CT Gen Stat § 45a-368. (Formerly Sec. 45-230q) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-368. (Formerly Sec. 45-230q) - Liability of beneficiaries.

 (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.(P.A. 87-384, S. 16; P.A. 89-202, S. 3; P.A. 13-81, S. 20; 13-301, S. 8.)History: P.A. 89-202 amended Subsec. (a) by substituting “45-230” for “45-230e” and in Subsec. (b) substituted “the obligation to him cannot be fully satisfied” for “he cannot fully satisfy his claim”; Sec. 45-230q transferred to Sec. 45a-368 in 1991; P.A. 13-81 amended Subsec. (a) to delete reference to Sec. 45a-409, effective July 1, 2013; P.A. 13-301 amended Subsec. (a) by adding “brought in the Superior Court” re actions, deleting reference to Sec. 45a-409 and making technical changes and amended Subsec. (b) by replacing “establishes satisfactorily to the court” with “establishes to the court”, “him” with “the plaintiff” and “defendant” with “beneficiary”.
CT Gen Stat § 45a-370. (Formerly Sec. 45-230s) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-370. (Formerly Sec. 45-230s) - Maximum liability of beneficiary.

 Except as otherwise provided in subsections (c) and (g) of section 45a-369, the maximum liability to which a beneficiary is subject under subsection (a) of section 45a-368 is his ratable obligation, in the proportion that the value of the assets passing to him bears to the value of all such assets passing to beneficiaries within the same order of liability as his under subsection (a) of section 45a-369, and no judgment may be had or entered in favor of any plaintiff against any such beneficiary for more than such ratable obligation.(P.A. 87-384, S. 18.)History: Sec. 45-230s transferred to Sec. 45a-370 in 1991.
CT Gen Stat § 45a-371. (Formerly Sec. 45-230t) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-371. (Formerly Sec. 45-230t) - Liability of beneficiary-fiduciary.

 (a) As used in this section, “beneficiary-fiduciary” means either (1) a fiduciary as defined in section 45a-353, or (2) a trustee, guardian, conservator, committee, and any other person who, in a fiduciary capacity, has received assets as a beneficiary or as the personal representative of a beneficiary.(b) A beneficiary-fiduciary shall not be chargeable for any assets that such beneficiary-fiduciary may have paid or distributed in good faith before a claim is presented to such beneficiary-fiduciary. A payment or distribution of assets by a beneficiary-fiduciary shall be in good faith unless the creditor can prove that the beneficiary-fiduciary had actual knowledge of such claim at the time of such payment or distribution.(c) A transferee of assets from a beneficiary-fiduciary who has not furnished adequate and full consideration in money or moneys worth to the beneficiary-fiduciary for such assets shall be liable to the extent of the value of such assets so received in the same manner and to the same extent as if such transferee were the original beneficiary. For the purposes of this subsection, the term “transferee” means the person to whom or for whose benefit the beneficiary-fiduciary has paid or distributed such assets.(P.A. 87-384, S. 19.)History: Sec. 45-230t transferred to Sec. 45a-371 in 1991.
CT Gen Stat § 45a-372. (Formerly Sec. 45-230u) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 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.
CT Gen Stat § 45a-373. (Formerly Sec. 45-230v) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-373. (Formerly Sec. 45-230v) - Action against one or more beneficiaries.

 An action may be brought against one or more of the beneficiaries under section 45a-368, but no defendant shall be liable, except as otherwise provided in subsections (c) and (g) of section 45a-369, for more than his ratable obligation as described in section 45a-370.(P.A. 87-384, S. 21.)History: Sec. 45-230v transferred to Sec. 45a-373 in 1991.
CT Gen Stat § 45a-374. (Formerly Sec. 45-230w) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-374. (Formerly Sec. 45-230w) - Title of bona fide purchaser from beneficiary protected.

 The entry and filing of a judgment recovered against a beneficiary in an action brought under section 45a-368 does not affect the rights of a prior purchaser, in good faith and for valuable consideration, from such beneficiary of any assets which would otherwise be subject to such judgment, unless, in the case of real property, a notice of pendency of such action had been recorded prior to such purchase. When the subsequent purchaser is so protected, the judgment is enforceable against such beneficiary but not in excess of the value of the assets received by him on the date of distribution or his ratable obligation as described in section 45a-370.(P.A. 87-384, S. 22.)History: Sec. 45-230w transferred to Sec. 45a-374 in 1991.
CT Gen Stat § 45a-375. (Formerly Sec. 45-230x) (2020)
2020 Connecticut General Statutes|Title 45a - Probate Courts and Procedure|Chapter 802b - Decedents' Estates|Section 45a-375. (Formerly Sec. 45-230x) - Statutes of limitation; suspension. Maximum periods applicable to claims. After-accruing claims.

 Claims shall be subject to the following provisions:(a) If any person against whom a claim exists dies within thirty days prior to the date the applicable statute of limitations on such claim would otherwise expire, a period of thirty days from the date of the appointment of his fiduciary shall be allowed within which to present such claim.(b) The running of any limitation period applicable to the claim of any person, shall, provided such claim was presented to the fiduciary prior to expiration of the applicable period of limitations, be suspended from the time of presentation of such claim until such claim has been rejected, in whole or in part, as provided in section 45a-360, provided upon such rejection, such person may commence suit or file an application as provided in section 45a-363.(c) Except as provided in subsections (b) and (d) of this section, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of such estate but within (1) two years from the date of the decedent's death or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-357, would otherwise have expired, whichever shall first occur.(d) With respect to any claim arising after the death of a decedent, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of the estate but within (1) two years from the date the claim arose or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-357, would otherwise have expired, whichever shall first occur.(P.A. 87-384, S. 23; P.A. 89-202, S. 5; P.A. 93-189, S. 1.)History: P.A. 89-202 amended Subsec. (a)(1) by changing last date for presenting claim from two years from date of appointment of first fiduciary to date of decedent's death; Sec. 45-230x transferred to Sec. 45a-375 in 1991; P.A. 93-189 amended Subsec. (c) by adding reference to Subsec. (b).