Legal Question in Wills and Trusts in Connecticut

My 47 year daughter passed away on 2-14-2014 she had no will, however did have a 401K with no beneficiaries who gets that money? She also had a car which she verbally said she wanted the car to go to her nephew can that be done without considering it part of her Estate?


Asked on 8/16/14, 10:48 am

1 Answer from Attorneys

Joseph Maya Maya Murphy, P.C.

In Connecticut, only assets that would have passed through a will are affected by intestate succession laws (such as a car). Many valuable assets do not go through a will, and therefore are not affected by intestate succession laws. This includes your daughters 401K, or other retirement accounts. The 401K will pass to the surviving co-owner or the beneficiary named on the document. It does not seem as though your daughter was married, so it is likely the 401K will pass to her named beneficiary.

Assuming your daughter has no spouse or children (as they are not mentioned), intestate laws state that the parents will inherit everything that would have passed through their child's will. This would include your daughters car. You can simply pass that along to your daughter's nephew if you see fit, in regards to your daughter's intent.

If you have any further questions regarding Trusts and Estate law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at [email protected].

Read more
Answered on 10/20/14, 1:48 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Connecticut