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Connecticut Last Will and Testament Attorney

Ensure your assets are properly handled and not left in the courts hands.

After the death of a family member or friend, the allocation of assets can be a long process. A will stands as a way to articulate your wishes on your behalf, even after death. Failing to have a will, can result in your assets falling in “intestate” or the hands of the state. At which your valuable assets will be distributed without regard to your wishes, and to whoever the court believes falls in line to inherit. A will acts as a written direction on the disposition of property and other assets on behalf of the individual. As a legal document, your assets and liabilities will be handled for you even after you pass away. As a written declaration, it stands as guidance for your executioner to ensure your affairs and the appropriate assets are dispersed to the right individuals. Each state has different laws on the requirements for a will to be legal. In the state of Connecticut, it's crucial to have an attorney guide you through the process to ensure your assets are appropriately dispersed.

Connecticut requirements for a legal will include:

  • The testator of the will (the maker of such), must be at least 18 years old
  • The will must be written
  • When the will is signed, you must be of sound mind
  • The law requires your will to be notarized and witnessed by two others or it will be void
  • All formalities associated with the execution of the testator's will must be followed
  • To be acceptable and effective, it must be proved and allowed by the probate court
  • Oral and holographic (written) wills will not be accepted in probate court if they were created in the state. If permitted in other states, and thus created in such states legally, Connecticut probate will deem the will valid.

Can I Make Changes To My Will?

Until death, the testator has all legal rights to amend or draw a new will if deemed necessary by the testator. Therefore, no will becomes final until the testator has passed away. If changes are made through a “codicil,” which allows for the addition of new terms while following the same formalities. Once executed, a will cannot simply be changed by writing in new terms or crossing out certain text. Thus, a will must be legally changed while following all legal requirements. In some cases, those who write on wills after their execution and notarization, it could invalidate parts or all of the will.

Don’t Let The Court Decide

Even after death, your will acts as a guide to ensure your property doesn't fall into the wrong hands. Failing to have a will can result in the court making decisions on your behalf. Don’t let your wishes be forgone without a legally binding will.

Decide who Gets To Execute Your Wishes

Your Wishes: The responsibility of ensuring all your affairs are in order and all your debts have been paid lies in the hands of your executors. Because this role is essential to ensuring your estate is managed after your passing, you should choose someone that you have the strongest relationship with. In many cases, this may not be your family member. You may choose to pick an attorney or close friend to execute your will.

Avoid Legal Battles

If your estate falls in the hands of the wrong person, a long, costly legal battle may ensue because of it. Therefore ensuring that your estate is allocated to your desires will ensure that no estranged family member or ex-spouse will inherit your assets. In some cases, a large sum may be allocated to an estranged family member that the court deems as appropriate. Without a will, your wishes will not be executed.

Quick Facts

  • As the testator of your will, you get to decide who bears tax burden on inherited items and assets without the law deciding on your behalf.
  • Make appropriate gifts to charity after your death in the correct amounts.
  • If a minor child is left behind, a guardian may be named in the testator's will.
  • Assets like real estate may be sold without the need to go to court, thus saving money and time.

Does My Will Ever Become Void?

Your will is good until new amendments or changes are made, at which point, the testator is required to follow all Connecticut laws to ensure the will is executed again. Provided your will is changed in the required manner by Connecticut State law and you are of sane mind and not under undue influence or potential fraud. Changes in relationships, tax laws, the birth of children, divorce, or substantial changes in estate value will require a thorough analysis and consideration of all new amendments and provisions the testator so desires. It is advisable that when new circumstances arise, that your will is reassessed for potential changes.

What Happens if I Don’t Have a Will?

If you pass away without a will guiding the disbursement of your assets, you are deemed intestate, for which your property will be distributed based on Connecticut state law, following a strict inheritance statue, without exception. The inheritance statue will follow a formula that doesn't factor any of your relationships or needs into account. Your estate will be administered by Connecticut Probate court and distributed to your closest heirs. If no heirs are found, the state will inherit your estate. Leaving your assets in the court's hands will increase court supervision of your assets, and potentially cost thousands in legal fees. Don't let conflict arise after your death.

Attorney James A. Welcome Takes Your Priorities Into Account

It’s important to plan for the unexpected. Although death is a time of grief and solitude, it’s important to ensure your estate doesn’t become a burden on your loved ones. Our goal is to prioritize your desires and to execute your wishes in your last legal will. Contact attorney James A. Welcome today (203) 753-7300 for an affordable choice.

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