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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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If wife passed away, will husband inherit all of the assets

Customer Question

if wife passed away, will husband inherit all of the assets even if the asset has designated some beneficiary?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, it depends on how large the estate is. Please allow to clarify.

In general if there is a will, the will controls. So if a husband wants to leave something to someone else who is not his wife, he is free to do so. But at the same time Connecticut law bars the husband from completely cutting out his spouse from his will. If the spouse is not mentioned, or is not left enough, she can file to challenge the estate and demand what is known as a 'forced' or an 'elective' share. This share is 1/3 of the estate, and if the spouse left less, then the surviving spouse can challenge the estate. Of course if the spouse left more, there is nothing to challenge. The remainder the spouse can designate however he or she may want to.

This is the code pertaining to the elective share law in Connecticut:

http://law.justia.com/codes/connecticut/2005/title45a/sec45a-436.html

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
If there is no will, but bank account designed some different beneficiary other than the spouse, how does it work? Thanks.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

A bank account generally would go to whom is listed as a beneficiary. The survivor can still challenge, and argue that this would be part of his share, but it would be up to him to then prove that he is getting less than 1/3 of whole estate. In essence by default the money would go to the designated beneficiary unless the surviving spouse challenges and objects.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
If the bank account was opened in North Carolina, but the couple moved to Connecticut and lived there for a year. Which state of law will matter? Does it make a difference for Connecticut law or North Carolina law?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hello,

Probate law is generally based on where the person passed away and lived, not where the account was created. There are probably differences, at least minor differences in law between the states, but what would govern at that point is whether the account would violate the law where the person passed away. Likely the answer is 'no', but an experienced local estate attorney could evaluate and see what can be done to challenge or protect such an account.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Thank you for your help!
Expert:  Dimitry K., Esq. replied 1 year ago.

My pleasure, glad to help!

Should you have more questions, please do not hesitate to request me again by name. Otherwise, if satisfied, kindly do not forget to positively rate so that I can obtain credit for my work. Thank you!

Sincerely,

Dimitry, Esq.

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