Legal Question in Wills and Trusts in Connecticut

probate and lawsuits

My brother passed away 2yrs ago his estate has already gone through probate. He had a lawsuit that was in the hands of another attorney. It was not included in the probate. Do I have to reopen the probate case to collect the money from this suit or is it just free and clear because probate already closed his case?


Asked on 1/14/08, 8:47 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: probate and lawsuits

It should have been reported to probate. If the case has settled, someone is going to have to sign a release. At that point, the insurance company is going to require probate court approval and the appointment of someone (a fiduciary of some sort) to sign the release.

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Answered on 1/14/08, 3:07 pm


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