Jabren v. Alers, No. Cv93 0346390 (Oct. 29, 1993)
Opinion of the Court
The defendant moves for dismissal of the complaint on the ground that the court lacks subject matter jurisdiction. The motion to dismiss alleges that the claim filed by the plaintiffs was not presented to the fiduciary as required by General Statutes Section
Even if the facts of this case show that the plaintiffs have failed to file their claim in accordance with Section
Part VII of Chapter 802b of the General Statutes covers claims against decedent's estates for decedents dying on or after October 1, 1987. This decedent died on or about February 16, 1989. Section
(a) If any claim is not presented on or before the day which is one hundred fifty days from the date of the appointment of the first fiduciary, no fiduciary shall be chargeable for any assets that a fiduciary may have paid or distributed in good faith in satisfaction of any lawful claims, expenses or taxes or to any beneficiary before such claim was presented.
The statute which applied to estates, where the decedent died prior to October 1, 1987, concerning the failure to file a claim did provide that the creditor who fails to properly present his claim within certain time limits "shall be barred of his demand against such estate." See Section
What the ramifications are as a result of what the plaintiffs have done or not done is not for this court to decide. In addition, the various other claims made in the defendant's memorandum are not before the court. This court is restricted to ruling on the ground claimed in the motion to dismiss.
Since the applicable statute dealing with the failure to present a claim does not bar this action; the motion to dismiss must be denied.
William L. Hadden, Jr., Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.