Legal Question in Wills and Trusts in Connecticut
Wills & Estates
My father passed away on Sept 17th 2008. He left behind a wife, a step son and two biological son from a previous relationship. Since the death of my dad I have not heard any thing concerning a Will or any type of trust from my step mother its going on 7 months which I feel is strange. I also feel it's strange because eveyone else except his two son has and are still benefiting from all his hard work. How can I go about looking into wether or not there was a Will in place and if not can I take her to court so my brother and I can get what is rightfully ours?
1 Answer from Attorneys
Re: Wills & Estates
You should go down to the probate court in the town where your father lived and request to open an estate. Have you asked the wife if there is a will? If there is a will, it must be filed within 30 days of death.
Otherwise, open the estate and request that she answer to the probate judge with regard to what state his assets are in. If he left everything in joint names with the wife, then there probably isn't anything to probate since she would automatically get everything as his survivor without the need to probate the will.
If there is no will and everything is not in joint names, then you need to open the estate anyway so that you can request the probate court to distribute the assets per the laws of the State of CT. This does not mean, however, that you and your brother would get anything. You should see a lawyer.