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In re Saccu’s Appeal From Probate, 97 Conn.App. 710, 905 A.2d 1285

Facts

Giacomo Barretta died on April 22, 2001, leaving a will that appointed his daughter, Jane Saccu, as executrix and devised a life estate in his property to her and her brother, Charles Barretta. The will required them to pay real estate taxes and costs for ordinary maintenance and repairs. After Charles's death, Jane occupied the property and made substantial repairs, using estate funds. The defendant, Richard Barretta, objected to her accounting and sought her removal as executrix, leading to the Probate Court's order that removed her and required reimbursement for the repairs and taxes.

The decedent left a will that appointed the plaintiff as executrix of his estate. The will devised a life estate in the property to the plaintiff and Charles Baretta on the condition that they pay the real estate taxes and costs associated with ordinary maintenance and repairs of the property.

Issue

Did the trial court abuse its discretion in removing Jane Saccu as executrix of the estate without finding that her actions posed a continuing risk of harm to the estate?

The plaintiff's first claim on appeal is that the trial court abused its discretion when it removed her as executrix.

Rule

The removal of a fiduciary is an extraordinary remedy that requires a showing of continuing harm to the estate. The party seeking removal must demonstrate that the fiduciary's actions pose a risk to the estate's interests.

Our law makes clear that the removal of the fiduciary of an estate is an extraordinary remedy to be applied only when necessary to protect against harm caused by the continuing depletion or mismanagement of an estate.

Analysis

The court determined that the trial court failed to find any evidence of continuing harm to the estate that would justify Saccu's removal as executrix. Although Saccu had used estate funds improperly, the absence of a finding of ongoing risk meant that her removal was not warranted. The court also upheld the trial court's conclusion that the repairs made by Saccu were ordinary maintenance, which she was obligated to cover as a life tenant.

Despite the defendant's arguments as to why the plaintiff has a conflict of interest placing the estate's funds at ongoing risk, the court made absolutely no finding indicating that a continuing conflict of interest existed rendering the plaintiff unfit to perform her duties to the estate.

Conclusion

The Appellate Court affirmed the requirement for Saccu to reimburse the estate for the repairs and taxes but reversed the trial court's decision to remove her as executrix, ordering her reinstatement.

Accordingly, we conclude that the court's order requiring the plaintiff to reimburse the estate for the costs of the repairs was not improper.

Who won?

Jane Saccu prevailed in part as the court reversed her removal as executrix, finding no evidence of continuing harm to the estate that justified such action.

The judgment is reversed only as to the removal of the plaintiff as executrix of the decedent's estate and the case is remanded with direction to render judgment ordering that the plaintiff be reinstated as executrix.

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