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Question: Wills, Trusts, Probate - Connecticut

Asked on 8/29/2009
I am from connecticut been married 10 years if my husband dies without a will he says i will get everything. can his son get it he is 30 yrs old
estate would be house truck money markets ect.. has workshop tractor ect everything is paid for no loans

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Answers (2):

MTG, Member in Good Standing of the New York Bar


I am not admitted in Connecticut.  Here is the intestacy law in Connecticut that governs when someone dies without a will.  The first section I have edited to show you what applies to you and your step-son.

 

Sec. 45a-437. Intestate succession. Distribution to spouse.
(a) If there is no will, or if any part of the property, real or personal, legally or equitably owned by the decedent at the time of his or her death, is not effectively disposed of by the will or codicil of the decedent, the portion of the intestate estate of the decedent, determined after payment of any support allowance from principal pursuant to section 45a-320, which the surviving spouse shall take is:

(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate absolutely.

This next sectrion is the support allowance for the spouse, you:
Sec. 45a-320. (Formerly Sec. 45-250). Allowance for support of surviving spouse and family. Family car. (a) The Court of Probate may allow out of any real or personal estate of a deceased person in settlement before such court, including a small estate being settled under the provisions of section 45a-273, such amount as it may judge necessary for the support of the surviving spouse or family of the deceased during the settlement of the estate.

      (b) In making such allowance the court may in its discretion include in its decree ordering such allowance any one or more of the following provisions, to the extent they are not mutually inconsistent: (1) A provision that such allowance shall run (A) for the entire period the estate is in settlement, or (B) for a fixed period of time not to exceed the period of settlement, in which case such allowance shall be subject to renewal by the court in its discretion; (2) a provision that such allowance is to be paid in a lump sum; (3) a provision that such an allowance made for a surviving spouse shall vest in such spouse retroactively as of the moment of death of his spouse so that it will be a fixed sum certain as of said date of death and shall not terminate with the subsequent death or remarriage of the surviving spouse, such allowance to be the absolute property of the surviving spouse, or, if deceased, of the estate of such surviving spouse, without restriction as to use, encumbrance or disposition and for the purpose of this section, the right to seek such a vested allowance shall be a vested right as of the date of death of the deceased spouse, and (4) a provision that such allowance shall be charged ultimately in whole or in part against any right the surviving spouse or other family member for whom an allowance is ordered may have to the income of the estate earned during the period of settlement.

      (c) The court may also allow for the use during the settlement of the estate by such surviving spouse or family of any motor vehicle maintained by the decedent during his lifetime as a family car.
hildren who qualify for inheritance under the provisions of section 45a-438.

Now, it also depends on how the title to the car, property and money markets, etc., are held.  If the property has rights of survivorship it passes to you.  If the car is jointly owned and the money markets jointly owned you can fill out a Title on Death or Pay on Death beneficiary form an they will pass to you without going through probate.  You should really consider seeing an estate planner or attorney in your area to check on things. 
 



  • Answered on 8/29/2009
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If your husband's son is not your child and your husband dies without a will, you would be entitled to one half of his estate and his son would be entitled to the other half of his estate.



  • Answered on 9/3/2009
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