What Happens When You Don't Create A Last Will and Testament in Connecticut?
We hardly hold open conversations about last wills and testaments despite the fact that we are an educated lot. And if someone brings up the subject or when asked if we'd consider filling out a free Connecticut last will and testament, we brush it off. Among many other reasons, society forces us to talk about death in hushed voices. But, don't you think it is time we changed the narrative. People die all the time but, the number of family conflicts that arise because a loved one did not create a will is heartbreaking. Looking at, hearing and reading about all those stories of disgruntled families certainly pushes one to the corner.
When it comes to creating a will, you no longer have the excuse of saying that you are too young or that you are not rich enough to write a will, But the truth is, even with your few possessions, grief forces people to fight/ argue. Leaving your sibling a set of jewelry makes people happier.
To give you an extra nudge, here is what happens when you fail to create a will and testament.
A free last will and testament in Connecticut refers to the legal instrument used to distribute your assets after your passing. It forms the foundation of estate planning as it determines the person who will control your accounts or who will pay taxes for the estate. It protects your interest and you honor. Though it is not mandatory to prepare a will, it is in your best interests to set one in motion.
Failure to create a will in Connecticut instigates the intestacy. Intestacy refers to the situation where the state has to determine how you divide your estate because you did not. Often, the court's outcome is far from your wishes.
So, here is what happens when you don’t create a will
First, the state recognizes you/ your estate as intestate.
According to the Connecticut Intestate laws, the decedent's surviving spouse will inherit everything you leave behind in your estate. However, this applies only if you don't have children or other descendants or surviving parents. However, if you have descendants (some you may not be aware of), your surviving spouse is only entitled to the first $100,000 from your estate, as well as the half of what remains after the first $100,000. Your descendants get the rest (half of your estate less $100,000).
But, there is more. If you are survived by your parents and a spouse but without children, then your spouse gets the first $100,000 as well as three-quarters of the balance. The state allocates parents 1.4 of what remains after the spouse takes $100,000.
And, it gets better (or worse): in the absence of a surviving spouse, parents, or children, the state intestacy laws will grant your estate to your siblings, before distributing the inheritance to your grandparents or other close relatives. Close relatives are high on the inheritance list in the intestacy laws.
Looking at all these possibilities, isn't it a great idea to fill out the last will forms sooner? Well, you need to meet some requirements. Also, creating a will makes you a testator, legally. The person you appoint to take the responsibility of your estate after your demise is an executor.
- The will is valid if you meet the following requirements
- The structure and the contents of the last will and testament should be according to the provision of the state laws in Code Section: 45a-250, et seq.
- If you are at least 18 years old and capable of making and taking responsibility for your actions. You should also make reasonable judgments.
- The will must be dated and with the testator's signature
- 2 or more witnesses should be present when signing the will. The witnesses have to sign the will too. Without witnesses, the will is invalid
- The will should be in writing, and this brings us to something else - holographic wills. If you decide to write and sign the will using pen and paper, and it is proven that the handwriting is yours, the state will accept this will. However, oral/ verbal will (recorded) is invalid. The oral wills are also called nuncupative wills.
- Lastly, you have to list the beneficiaries of your estate.
Difference between a living will and the last will
While you issue your directives in both documents, the directives of the living will (health or financial) are only enforceable for as long as you are alive, your incapacitation notwithstanding. Also, the person enforcing your directives in the living will has, and they are referred to as the agent. On the other hand, a last testament is enforceable after your demise, and the executor ensures its execution.
Do you think now is a good time to get a last will? Get our last will and testament forms available online today!