Connecticut Renunciation of Legacy in Favor of Other Family Members
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How to fill out Renunciation Of Legacy In Favor Of Other Family Members?
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FAQ
Under common law, if a person devised a gift to a devisee and the devisee passed prior to the testator, the gift would ?lapse? or fail, leaving the property to intestacy laws.
Connecticut's "anti-lapse" statute drafted in 1821, provided that the beneficiary's surviving children would take the bequest unless the will effectively directed another result. The crucial question therefore was whether the affirmative condition "if she survives" negated operation of this default statute.
A Guide to Connecticut Inheritance Laws Intestate Succession: Spouses and Children? Spouse and parents? Spouse inherits the first $100,000 of property, and three-quarters of the remaining balance ? Parents inherit the rest5 more rows ?
If my nephew predeceases me, this gift will lapse.? In this example, if John is living when the person creating the Will dies, then John will receive the $5,000. If John has already died, the gift to John ceases and will go to someone else named elsewhere in the Will or as determined by law.
In Connecticut, the right of survivorship comes when you own property in joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary.
45a-318 in 1991; P.A. 93-407 added provision permitting decedent, in a duly acknowledged writing, to designate person other than next of kin to have custody and control of his remains; P.A. 94-25 deleted phrase ?for the time being? in Subsec. (a); P.A.
Anti-lapse statutes prevent this from occurring in many circumstances involving relatives. For example, let us say Rachel bequests her $10,000 to her sister Eilene, but Eilene dies before Rachel. In all states, the anti-lapse statute would allow Eilene's kids to take the $10,000.
Anti-lapse statutes are laws enacted in every state that prevent bequests from lapsing when the intended beneficiary has relatives covered by the statute.
