Full question:
After my husband's death, I have been searching for job to survive and pay my bills. My husband has a lot of property and had a will to which I have no access. My mother in law has laid claim on his entire property and does not want me to have a penny of whatever my husband owned. What will be my lawful share in my husband's property if I go to court?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Connecticut
Answer:
In Connecticut, as a surviving spouse, you can choose to take a statutory share instead of what is outlined in the will. This statutory share consists of a life estate in one-third of the estate's value, which includes both real and personal property owned by your husband at his death, after debts are paid. A life estate allows you to use and benefit from the property during your lifetime but does not give you outright ownership.
To claim this share, you must file a written notice with the probate court within one hundred fifty days after the executor is appointed. If you do not file this notice, you will lose your right to the statutory share. The relevant law is found in Conn. Gen. Stat. § 45a-436.
Note that if your husband left you any property in his will, that may be considered in lieu of the statutory share unless stated otherwise in the will. Additionally, if you abandoned your spouse without sufficient cause before their death, you may not be entitled to a statutory share.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.