Manchester, Connecticut Wills & Probate Attorney for the Lesbian and Gay Community
Connecticut Gay and Lesbian Rights Lawyer
Law Offices of Irene C. Olszewski, LLC
Why
Should I Execute A Will?
Clearly,
a Last Will & Testament (or simply “Will”) is not exclusively designed
to protect same-gender couples. Any
person who owns any real estate (real property) or personal property that they wish to see pass to the person(s) of their choosing upon death should execute a Will.
If you die intestate (without a Will), your real estate and personal
property will pass to your biological family according to the probate statutes
in effect at the time of your death, if you and your partner have not entered
into a marriage or civil union. In other
words, without a Will, you will have no control over who inherits your estate.
If you wish to have your partner or spouse (or another trusted individual) have control over your estate upon your death, you must appoint an executor in your Will.
Suppose
you own the home that you and your partner currently reside in but your partner’s name is not on the deed
(title) to the property. In other words,
your partner does not have any ownership rights to your home.
If you die without a Will, your home will NOT automatically be passed to
your partner (absent a marriage or civil union). In fact, your
biological heirs will have the legal right to ask your partner to leave that
home. Not so, if you execute a
Will leaving your interest in the home to your partner, or granting your partner a “life use”
of the home.
If you have minor children, executing a Will allows you to direct how they will be taken care of if you should die before they reach the age of majority. You may name a guardian for your children and/or direct that they are financially provided for through a testamentary trust.
If you own personal property such as jewelry or antiques — or if you simply own items of sentimental value that you wish to leave to specific individuals -- you should execute a Will in order to direct who will inherit those items upon your death.
For more information on Wills and your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC.
What if I die without a Will (intestate)?
If a person (decedent) dies without a Will, the probate court has jurisdiction to grant the right to someone to administer the estate. Connecticut lists those to whom such a right can be granted. They include:
A) The surviving spouse,
(B) any child of the decedent or any guardian of such child as the court shall determine,
(C) any grandchild of the decedent or any guardian of such grandchild as the court shall determine,
(D) the decedent's parents,
(E) any brother or sister of the decedent,
(F) the next of kin entitled to share in the estate.
The statute does not make provisions for the partner of the decedent to serve as administrator of the estate, even if there are no surviving next of kin (listed in A-F) above.
 |
Download our free brochure "Common Questions Regarding Wills"(.pdf) 2007 |
|
Connecticut General Statutes Title 45a, Chapter 802a: Wills: Execution & Construction |
Complete Connecticut Probate Statutes:
|
Connecticut General Statutes Title 45a: Probate Courts & Procedure (Chapters 801-803a) |
|
Where There’s a Will, There’s a Way
|
|
For additional information on Wills, please visit our Wills & Probate page.
Return to our main Lesbian & Gay Law page.
Read the Article: "A Year of Questions" **
(**Published in Connecticut Law Tribune 12/14/09 about same-sex marriage 1 year after legalization in CT.
Attorney Olszewski was interviewed for this article)
Blog: Connecticut Lesbian and Gay Law Blog: Attorney O's Midnight Musings
Become a FAN on Facebook: Law Offices of Irene C. Olszewski, LLC
Follow Us on Twitter: Irene_Olszewski
The Law Offices of Irene C. Olszewski, LLC handles legal matters for clients throughout the state of Connecticut including Hartford County, Tolland County, Middlesex County, New Haven County, New London County, Litchfield County, Windham County, and Fairfield County.
Links marked ".pdf" require the free downloadable program Adobe®Reader® to view. Please note that .pdf files may take a few moments to load.
Disclaimer: This website is for informational purposes only. It is not intended to be and should not be construed as legal advice. Use of this website and/or the information contained on this website is not intended to create an attorney-client relationship. All legal questions should be addressed to a licensed attorney.
Manchester, Connecticut Wills & Probate Lawyer
Connecticut Conservator
Law Offices of Irene C. Olszewski, LLC