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When a person dies without a will, they’re considered to have died “intestate.” Without a will for guidance and instruction, estate and probate laws must determine how the deceased's assets should be distributed. Connecticut, like all states, follows its own intestacy laws and standards. Below are a few ways an estate may be distributed in the state of Connecticut, depending on the deceased's marital and familial relationships at the time of death.

When a Spouse Inherits

If the deceased has no living parents, children, or grandchildren, their spouse inherits the estate in its entirety. In a situation in which a decedent has both a living spouse and children, the spouse receives $100,000 and 50% of the estate, and the remaining 50% goes to the children to be divided evenly among them. When a parent and spouse are both living, the spouse receives $100,000 and 75% of the estate; the remaining 25% is granted to the parent. In any circumstance where a percentage of the estate is distributed, the total percentage is determined after the estate's fees, expenses, and debts have been paid.

When Children Inherit

probate-lawsChildren inherit the whole of an estate when the deceased does not have a living spouse. When a spouse is still living, the estate is distributed as outlined above. Bear in mind that a child will automatically receive their 50% share even if they are not the child of your surviving spouse. If you have a child who has passed away, their children (your grandchildren) receive their share.

When Parents & Siblings Inherit

Parents inherit the whole estate when the decedent does not have surviving spouses, children, or grandchildren. If the parents are not alive at the time of this decedent's death, the siblings receive the entirety of the estate.

Other Considerations

Estate and probate laws recognize only a few exceptions to the above rules. If you own property jointly, your share of ownership almost always goes to the co-owner. If you have a life insurance plan or a retirement savings account, these funds go to the beneficiary you designate and are not subject to intestacy laws.

 

 

To obtain help in navigating the complexities of intestate estates and probate laws, trust Gilbert P. Kaback, Attorney at Law. For over two decades, he has been representing New London County, CT, in bankruptcy, personal injury, civil litigation, criminal defense, and family and probate law issues. Attorney Kaback understands the intricacies and sensitivity of estate-related matters, and he will work to get any existing issues solved as quickly as possible. Call (860) 537-0874 or visit his website to schedule a consultation.

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