Loomis v. Lupoli
Apparent 1st Impression On Claim Against Administratrix
Civil Procedure | Statute of Limitations | Contracts | Trusts and Estates
- Superior Court
- New Haven J.D., at New Haven
- Dec 10 2012 (Date Decided)
- Wilson, J.
An individual who provides services to an estate administrator may not qualify as a creditor of the estate. Attorney Geraldine Lupoli is the administratrix of the estate of Helen Clarke Wallace, who passed away in or before October 1987. The plaintiff, Harwood Loomis, allegedly performed services in 2001 on behalf of the estate. In March 2011, Loomis sued Lupoli, individually and as the estate administratrix, alleging that she breached an oral agreement to pay Loomis for his services. Lupoli moved for summary judgment. The court did not find any Connecticut decisions on whether an individual who provides services to an estate administrator may qualify as a creditor of the estate. The court found that the plaintiff is not a creditor of the decedent, Helen Clarke Wallace. Connecticut's probate statutes do not apply to the estate administrator's motion for summary judgment. "[W]hether the plaintiff complied with provisions of §45a-399," wrote the court, "is not relevant because the plaintiff is not a creditor of the decedent." The court found that a six-year statute of limitations in Connecticut General Statutes §52-576(a) began to run in 2001, when the plaintiff last performed services for the estate. C.G.S. §52-576(a) provides, "No action for an account, or on any simple or implied contract, or on any contract in writing, shall be brought but within six years after the right of action accrues." C.G.S. §52-576(a) barred the plaintiff's 2011 breach-of-contract count against Lupoli individually. Lupoli did not file a defense of laches. The six-year statute of limitations in C.G.S. §52-576(a) did not apply to claims against Lupoli, as the administrator of an estate, and the plaintiff's count againt Lupoli as the estate administratrix survived.