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Connecticut's "anti-lapse" statute drafted in 1821, provided that the beneficiary's surviving children would take the bequest unless the will effectively directed another result. The crucial question therefore was whether the affirmative condition "if she survives" negated operation of this default statute.
Under common law, if a person devised a gift to a devisee and the devisee passed prior to the testator, the gift would ?lapse? or fail, leaving the property to intestacy laws.
Anti-lapse statutes prevent this from occurring in many circumstances involving relatives. For example, let us say Rachel bequests her $10,000 to her sister Eilene, but Eilene dies before Rachel. In all states, the anti-lapse statute would allow Eilene's kids to take the $10,000.
In Connecticut, the right of survivorship comes when you own property in joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary.
Full "probate" is ONLY required by law if the person who dies, with or without a will, (1) owned real estate (not just a life use) that does not pass by the deed to the "surviving" joint owner, OR (2) owned $40,000 or more of other assets that also don't pass by beneficiary or joint ownership to another person.
If my nephew predeceases me, this gift will lapse.? In this example, if John is living when the person creating the Will dies, then John will receive the $5,000. If John has already died, the gift to John ceases and will go to someone else named elsewhere in the Will or as determined by law.
Anti-lapse statutes are laws enacted in every state that prevent bequests from lapsing when the intended beneficiary has relatives covered by the statute.
If you die intestate in Connecticut, what your spouse inherits depends on whether or not you have living parents or descendants. If you don't, your spouse inherits everything. If you have living parents, and a surviving spouse, your spouse will inherit the first $100,000 of intestate property.