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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7406
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Second opinion] In Connecticut, when someone dies intestate,

Customer Question

Second opinion] In Connecticut, when someone dies intestate, there is no spouse, children, siblings or surviving parents, or surviving aunts/uncles. I understand the estate goes to the next of kin. In this case , 4 first cousins. However if two of the cousins are deceased, I am being told that the surviving children of the deceased cousins do not get inheritance and that the only surviving cousin get 100% of the estate due to the intestate law stating inheritance goes to next of kin, no representatives. If this is correct, can you contest the instate
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Connecticut
JA: Has anything been filed or reported?
Customer: A probate lawyer appointed by the state contacted me.(child of one of the deceased cousins) then followed up today stating that the two living cousins have contested the probate and feel they are due 100% and the children of the two deceased cousins are not untitled.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm trying to find out if a judge can over rule state laws regarding intestate wills or if they must follow them.
Submitted: 4 months ago.
Category: Estate Law
Customer: replied 4 months ago.
To clarify, The deceased had no siblings.
Customer: replied 4 months ago.
Can a judge overturn the intestate laws in that state. Another words, and to put it bluntly, should I hire an attorney and hope the judge feels bad for me? Or is that wasting my money? This is not a small estate.
Expert:  Irwin Law replied 4 months ago.

I'm trying to find out if a judge can over rule state laws regarding intestate wills or if they must follow them.

No. A probate judge must follow the state statute regarding distribution of an intestate estate. When a child of a pre-deceased heir inherits their parent's share, it is called "taking by representation". It is quite common for statutes to cut off the children of predeceased heirs who are non-lineal heirs, i.e. cousins. Also, I cannot review and give you an opinion on what the actual Connecticut intestate succession statute says. It may be well worth your while to consult a local probate attorney with this very specific question, just to be sure. I know this is not an answer you were hoping to hear, but please understand that I do have professional obligation to provide our customers with correct answers, even when that answer is not favorable to the customer's interests.

Expert:  Irwin Law replied 4 months ago.

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