What is a Last Will and Testament


A Connecticut Last Will and Testament, when prepared and executed properly by a person who is an adult of sound mind with legal responsibility for his- or herself, is a formal document that specifies how their assets or estate will be managed and distributed after their death. The person who dies is formally referred to as the decedent. If the decedent has minor children, the Last Will and Testament may also be used to designate who they want to care for their children and who they wish to handle their childrenís inheritance/finances until each child comes of age (usually 18, but you can designate a different age) to handle their finances on their own.

In a Last Will and Testament, the decedent usually also names a personal representativeóor co-personal representatives (two or more persons acting together in this capacity)óto manage the matters of the estate. The personal representative is the person who gathers all of the information about the decedentís debts and assets, pays outstanding debts using the assets on behalf of the estate, and ensures that the decedentís property is distributed as specified in the Will, so this is a job with a lot of responsibility, and the personal representative selected is usually someone the decedent really trusts to follow through on the details and with his or her wishes.

If a person dies without having a valid Last Will and Testament (which usuallyóin most statesómeans it must be properly witnessed, as wellónot just signed), someone will usually be appointed by the court to be the personal representative and will pay the decedentís debts, liquidizing assets as necessary to do so. Then the remaining assets will be distributed among the decedentís heirs according to the laws of the state the decedent lived in.

In some states, if one spouse dies leaving behind a husband or wife, that living spouse will inherit all of the decedentís property in the absence of a Last Will and Testament stating to the contrary. In other cases, the decedent may have specified a particular beneficiary to inherit a life insurance policy, retirement account, or other asset, and that beneficiary designation will dictate who receives those assets in the absence of a Connecticut Last Will and Testament.

The important thing to note is that anyone who wishes to designate how their assets will be distributed after their death should prepare and properly execute a Last Will and Testament to ensure their wishes are known and honored. If they donít, they may be leaving it up to chance, the laws of the state in which they reside at the time of their death, or a court of law as to how their final affairs will be settled.  Connecticut free information on last will and testament forms.

Legal Requirements for Last Wills in Connecticut

A Last Will allows the testator to establish the order of inheritance of their property between the heirs. If a person does not want the property to be distributed automatically under the Connecticut laws, they should make a Last Will. This document determines the rights of their spouse and other heirs, as well as care for minor children and elderly people. Unlike the Living Will, the Last Will takes effect after the death of a person.

Connecticut Property Inheritance Law

If a person has not made a will, the common order of inheritance of property comes into effect after their death. The spouse of the deceased has the primary right to inheritance, followed by the parents and children of the deceased. Here are the basic rules for the property separation in Connecticut:

The spouse inherits all the property if there are no other living relatives of the deceased.

  • If there are living relatives, the spouse inherits $ 100,000 and half of the remainder and gives the rest to other legitimate heirs.

  • If the deceased had no descendants but left living parents, their spouse takes $ 100,000 and three-quarters of the remaining property. The rest they give to the parents of the deceased.

  • If a person does not agree with these rules of inheritance of their property after their death, they write the Last Will.

Terms for the Last Will in Connecticut

A testament is not necessary if a person has an inheritance worth no more than $ 40,000. Under Connecticut laws, their heirs receive the right to the property without special orders of a person during his lifetime. In other situations, a person usually makes a will.

A person makes a testament to determine the heir(s) of their property and the share of the rights to dispose of the inheritance. The key point is how real estate, cars, money, and debts are distributed among the people that this person sees fit to authorize. The document also makes it possible to determine a guardian for minor children or elderly people and a person for pet care.

A testament comes into force only after it is considered in court. A judicial review is necessary to confirm the authenticity of the document because it might be forged. After that, the heirs receive the right to dispose of the property under the terms specified in the Last Will.

Exceptions to the Last Will in Connecticut

Even if a person prepares a testament, they will not distribute all their property among the heirs. By Connecticut laws, the force of a testament does not apply to the jointly acquired property with the right of inheritance. Besides, you do not have the right to change the name of the beneficiary of the life insurance policy through a will. If the living spouse of the deceased is not specified in the will, they still receive a third of the property (the content of this part is determined by the court and agreements with other heirs).



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