Connecticut Involuntary Petition Against a Non-Individual

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US-B-205
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Involuntary Petition Against a Non-Individual

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FAQ

A vindictive spouse in Connecticut can wreak a lot of vengeance through a will. Although complete disinheritance of a spouse is illegal, state law only provides the survivor with lifetime use of a third of the estate.

Creditors have 150 days to file a claim in a Connecticut estate going through probate unless the Executor sends the creditor the letter described above. A creditor can't just ignore the Executor and march into any court other than the probate court and get a judgment for payment.

In the state of 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.

Avoiding Probate In Connecticut If assets are jointly owned, they are not subject to probate. If assets pass by beneficiary designation, they are not subject to probate. Finally, if assets are in a Revocable Trust, they are not subject to probate.

Spouse, and the children* of both decedent and spouse -Spouse takes first $100,000 plus ½ of the remainder. Children* take the other ½ of the remainder. Spouse, and children* of decedent, one or more of whom is not the child of the spouse ? Spouse takes ½. All the children* share the other ½ equally.

If the decedent's solely-owned assets include no real property and are valued at less than $40,000 ? which meets Connecticut's ?small estates limit? ? then the assets and property of the estate can be settled without full probate, under a much shorter and easier process.

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.

§ 45a-436(a) (2021). Statutory share: ??means a life estate of one-third in value of all the property passing under the will, real and personal, legally or equitably owned by the deceased spouse at the time of his or her death, after the payment of all debts and charges against the estate.

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Connecticut Involuntary Petition Against a Non-Individual