Barash v. Lembo
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The Supreme Court reversed the judgment of the trial court in favor of Defendant Barbara Lembo in this action brought by beneficiaries of an inter vivos trust and their mother alleging that Defendant breached her fiduciary duty as trustee, holding that the allegations in the complaint stated a legally sufficient claim for breach of a trustee's fiduciary duties under Connecticut law.
The will of the decedent bequeathed the residue of his estate to an amended and restated revocable trust benefitting his three children. At issue was the proper administration of a portion of the decedent's residuary estate that had not yet been distributed to the trust. Plaintiffs brought this action alleging that Defendant, among other things, breached her fiduciary duty by failing to protect and collect trust property. The trial court concluded that Defendant, as a trustee, had no duty to take any action prior to the distribution of the residuary assets. The Supreme Court reversed, holding (1) a genuine issue of material fact remained as to whether Defendant owed the trust beneficiaries a duty to collect and protect the prospective trust property in the residuary estate; and (2) the complaint sufficiently alleged a cause of action against Defendant for breach of her fiduciary duty as trustee.
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