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When a couple live together and one of them dies unexpectedly,without

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When a couple live together and one of them dies unexpectedly,without a will,what rights does the surviving partner have? The deceased person has a grown son from a previous marriage, and all property was owned solely by the deceased.
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
In what state did he live when he died?

Thank you.
Customer: replied 6 years ago.
The deceased lived in Connecticut
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your reply.

Since Connecticut does not recognize common law marriages, the surviving partner would not be able to inherit as a surviving spouse. When someone dies without a will, then the intestate succession laws would control distribution and according to their laws [see below] only surviving spouse, children or next of kin (related by blood) would be in line to inherit.

I quote:

Connecticut Intestate Succession Laws

If any part of a Connecticut decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

  • If there is no surviving issue (i.e., children or grandchildren) or parent of decedent, the surviving spouse gets the whole intestate estate.
  • If decedent's surviving issue are also issue of the surviving spouse, the surviving spouse is entitled to the first $100,000 of the intestate estate, plus one-half of the remaining balance of the intestate estate.
  • If there are surviving issue, one or more of whom are not issue of the surviving spouse, the surviving spouse gets one-half of the intestate estate.
  • If there is no surviving issue, but the decedent is survived by at least one parent, the surviving spouse gets the first $100,000 of the intestate estate, plus three-quarters of the remaining balance of the estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

  1. Decedent's issue.
  2. Decedent's parent or parents equally.
  3. Decedent's brothers and sisters and those who legally represent them.
  4. Decedent's next of kin in equal degree.
  5. Decedent's stepchildren and those who legally represent them.

3. State of Connecticut. As a matter of last resort, if there is no taker under any of the above provisions, the intestate estate passes to the state of Connecticut.

 

 

 

 

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Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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