Legal Question in Wills and Trusts in Connecticut

My Dad died in 2007. Years after signing his will Dad initiated a medical negligence lawsuit. After Dad died his executor was named as the plaintiff. The lawsuit is being settled this year. As Dad�s will was never updated to include the lawsuit, does his executor have to abide by the will or does he have the right to disburse monies as he deems appropriate?


Asked on 4/20/11, 1:29 pm

1 Answer from Attorneys
Francis Pennarola Chipman, Mazzucco, Land & Pennarola

The executor has to honor the provisions of the will. This would be considered part of the residuary estate. Of course, expenses such as court costs and legal fees will have priority as far as the settlement proceeds are concerned. In addition, the executor may be entitled to compensation for the time devoted to the estate, including the lawsuit.

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Answered on 4/20/11, 1:36 pm


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