Under Connecticut law, if a person dies without a will and has children by a prior marriage, the children inherit 50% of the probate estate [solely owned assets that do not pass by beneficiary designation or under "transfer on death" or "pay on death" designations.)
If someone has a will, there is no requirement of CT law that they leave any assets to their children. If you feel that you were left out of a will because your father "forgot" about you or if you believe that he did not have sufficient capacity to execute a will or that he was subjected to undue influence by his 2d wife, you should contact a lawyer who can explain your rights to you.
Atty. Crown is licensed to practice law in Connecticut with an office in Rocky Hill. His phone number is 860-257-4330 and his email address is email@example.com.
This response is not legal advice and does not create an attorney/client relationship. This response is only a form of legal education. It is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make the reply unsuitable. Atty. Crown strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from state to state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
I cannot give you a definitive Connecticutt law answer because I am not licensed to practice law in that state. However, it is generally the case that a person who writes a will is entirely free to leave his children out of the will and his estate plans, especially if they are adults. If your father had died without a will and left property in his sole name, typically state law provides for a division between spouse and children. But, apparently, in your case your father wrote a will.
Condolences for your loss. If you dad's estate is large, he has left minor children, has provisions in his divorce decree providing for his 1st marriage children or you feel you and your siblings are not getting your fair share then you should consult an attorney for a thorough explanation of Connecticut's probate laws and court system / process.
In Connecticut if a will exists that is followed first. Also, if the deceased and any person (i.e. second marriage spouse) own property jointly (i.e. House, bank account, etc.) then those assets past to the joint owner immediately upon death of the other.
If no will exists (or the will does not dispose of all the deceased's property) then the administrator appointed by the Probate Court will dispose of those estate assets pursuant to Connecticut's Intestate succession laws. What goes to a spouse (including a second marriage spouse), and what goes to children from a prior marriage, Connecticut General Statute § 45a-437 applies (after payment of any support allowance from principal pursuant to section §45a-320).
In a second marriage situation, where decedent has issue with another (i.e. Children from 1st marriage and/or born out of wedlock), then one-half of the intestate estate passes to the spouse absolutely. The remaining half is distributed in equal proportions among the deceased's children (and legal representatives of any of them who may be dead) pursuant to C.G.S. §45a-438.
Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.
Divorce Bank accounts in divorce Divorce decree Wills and estates Estates Inheritance rights of children Taxes and estate planning Wills Undue influence and wills Probate Probate court Intestacy and probate Mother's rights in child custody Parental rights in child custody State, local, and municipal law Tax law