Intestate Succession

INTESTATE SUCCESSION

May 2018

By Carl A. Glad, Esq., Partner, Law Offices of Kurt M. Ahlberg LLC

When someone passes without a Last Will and Testament or when a Last Will and Testament does not fully dispose of all of a person’s assets their estate must still be probated.  In this situation, the deceased person is said to die Intestate.  The disposition of their assets follows Intestate succession.  In Connecticut this disposition is governed by statute.

In Connecticut, the statutes dispose of the assets through a family tree in some respects.  The assets flow down to the spouse and children of the deceased, however, if those do not exist the assets flow back up the tree to parents and siblings.  Below is a brief outline of potential familial situations that will govern the disposition of those assets.

SPOUSE

  • SURVIVING SPOUSE ONLY – if there is only a surviving spouse and no children or parents all of the assets are distributable to the surviving spouse. CGS § 45a-437(a)(1).
  • SURVIVING SPOUSE NO CHILDREN BUT SURVIVING PARENTS – if there is a surviving spouse and no children, but at least one surviving parent then the first $100,000.00 of assets plus three-quarters of the additional assets are distributable to the surviving spouse.  The remaining quarter of the assets are distributable to the parent or parents.  CGS § 45a-437(a)(2).
  • SURVIVING SPOUSE & CHILDREN - if there is a surviving spouse and children that all belong to the decedent and the surviving spouse then the first $100,000.00 of assets plus one-half of the additional assets are distributable to the surviving spouse.  The remaining one-half of the assets are distributable to the children in equal shares per stirpes.  CGS § 45a-437(a)(3).
  • SURVIVING SPOUSE & CHILDREN NOT OF SURVIVING SPOUSE – if there is a surviving spouse and a child or children that are not also the children of the surviving spouse, then the first one-half of the assets are distributable to the surviving spouse.  The remaining one-half of the assets are distributable to the children in equal shares per stirpes. CGS § 45a-437(a)(4).

CHILDREN

  • If there is no surviving spouse the children of the decedent shall be distributed all of the assets of the estate in equal shares per stirpes. CGS § 45a-438(a).  Adopted children are considered the same as all other biological children under the intestate succession statutes.  CGS § 45a-731(4).
  • Children born out of wedlock are also considered the same as all other biological children of the father if the father’s paternity was established by an acknowledgement of paternity or the same was adjudicated by a Court.  CGS § 45a-438(b).

PARENTS

  • If there is no surviving spouse and no children then the assets are distributable to the surviving parent or parents of the decedent.  CGS § 45a-439(a)(1).

SIBLINGS

  • If there is no surviving spouse, no children, and no surviving parents then the assets are distributable in equal shares to the surviving siblings and/or the children or other descendants of a deceased sibling. CGS § 45a-439(a)(2).  Importantly, half blood siblings and their descendants are treated the same as if they were of whole blood.  CGS § 45a-439(e).

NEXT OF KIN

  • If there is no surviving spouse, no children, no surviving parents, no surviving siblings, no surviving children or descendants of siblings then assets are distributable in equal shares to the next of kin. CGS § 45a-439(a)(3)

 

STEPCHILDREN

  • If there is no surviving spouse, no children, no surviving parents, no surviving siblings, no surviving children or descendants of siblings, and no next of kin then the assets are distributable in equal shares to the stepchildren.  CGS § 45a-439(a)(4).    Visit our website for more information http://ahlberglawfirm.com/
Categories: 
Attorney/Lawyer/Law
City: 
STRATFORD
States: 
Connecticut
Zip code: 
06614-3617
County: 
Fairfield