Legal Question in Family Law in Connecticut
My son was divorced for 7 years when killed by a drunk driver. At the time of his divorce, his exwife chose in court to take back her maiden name. The judge granted this. Since his death she uses both names. (her maiden name as well as his name) is this legal? He did leave behind a son at the time of his death, his parents and sister. We were told all along during probate, etc. that we have no rights but she does as well as a girlfriend he was dating at the time. We actually was told by one lawyers office "the only right we have is what to do with the body!"
2 Answers from Attorneys
Firstly, I extend my condolences on the death of your son.
Regarding the use by your ex-daughter-in-law of your son's last name, I think you should appreciate the fact that she is probably doing this for your grandson's sake and forget about the legalities of it.
If your son had a will, his estate would pass according to the will; if he had no will, CT law of intestacy would grant his entire estate to his son (unless your son had other children who predeceased him who had children of their own -- son's grandchildren.) His parents and sister would be entilted to no part of the estate.
Interestingly, one can use any name that person wishes to use. The only limitation is if one has to show "proof" of their name.
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