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To become executor or not for deceased Spouse's "Intestate"

Customer Question
To become executor or...

To become executor or not for deceased Spouse's "Intestate" estate, who solely owned home. House has mortgage, tax lien, funeral cost, medical cost. As wife what protection do I have to remain in home till sold to cover outstanding bills. Do I have rights as wife "my main residence for 40yrs? to remain in house until I choose to vacate? Will I be ordered by probate court to leave, What "Time" am I permitted. Liquidating all personal assets, may not cover expenses. What is my protection!

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

CT

Lawyer's Assistant: Has anything been filed or reported?

Yes, hearing was postponed today, to determine Executor I am thinking of withdrawing my petition to be executor of estate, Step daughter also petitioned, as well as CT Special Services/care for 2nd child.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My main concern is protecting my personal estate, and place of residence, responsibility. Little to none communication with adult daughter

Submitted: 4 months ago.Category: Estate Law
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Answered in 3 minutes by:
3/14/2018
Estate Lawyer: LegalGems, Attorney replied 4 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,642
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Estate Lawyer: LegalGems, Attorney replied 4 months ago

My sympathies for the loss of your spouse.

CN protects surviving spouses and a spouse may take what is called an "elective share" which may include a 1/3 life estate interest in both real and personal property. That statute is below:

Sec. 45a-436. (Formerly Sec. 45-273a). Succession upon death of spouse. Statutory share. (a) On the death of a spouse, the surviving spouse may elect, as provided in subsection (c) of this section, to take a statutory share of the real and personal property passing under the will of the deceased spouse. The “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. The right to such third shall not be defeated by any disposition of the property by will to other parties.

Please see:

https://www.cga.ct.gov/current/pub/chap_802b.htm#sec_45a-436

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