Supreme Court of Connecticut
Barash v. Lembo
November 7, 2023348 Conn. 264
Summary
The court held that a trustee of an existing inter vivos trust that is the residuary beneficiary of an unsettled estate has a duty to investigate, protect, and collect the trust's prospective interest in estate assets, even before those assets are transferred to the trust. The court also held that a probate decree subject to a pending trial de novo appeal lacks preclusive effect and that self-dealing is not an essential element of a trustee-breach claim. Because genuine factual disputes remained regarding the trustee's conduct and knowledge, the court reversed summary judgment and remanded for further proceedings.