Supreme Court of Connecticut
Barash v. Lembo
November 7, 2023348 Conn. 264
Summary
The court reversed summary judgment for the defendant trustee. It held that an existing inter vivos trust that is the residuary beneficiary of an unsettled estate may owe duties to protect and collect prospective trust assets, including investigating and pursuing claims concerning the executor's administration, and that the record presented genuine issues of material fact on breach. It also held that a pending probate appeal conducted as a trial de novo defeats preclusive effect and that self-dealing is not required to state a trustee-breach claim.