What happens if you die without a will and you’re a single parent with minor children?
The loss of a parent is devastating for children. But dying without a will (known as "intestate") in Connecticut can make an already painful situation even more complicated for your kids. For a single parent, having no estate plan puts your children's future in the hands of state law rather than your wishes.
Here's what happens by default in Connecticut when a divorced single parent dies without a will:
Your children inherit everything - but with major complications. While Connecticut law dictates that your assets will pass to your minor children, they cannot legally control or access their inheritance until they turn 18. The probate court will need to appoint someone to manage the assets as a guardian or conservator.
The court chooses who manages your money.
Without your written wishes, the probate court must select someone to oversee your children's inheritance until they reach adulthood. This could be a relative, family friend, or even a court-appointed stranger. The person managing the money may not be who you would have chosen.
Own a home? This creates additional challenges. The probate court must appoint a property guardian to manage the property until your children reach adulthood. This person will have to make crucial decisions about:
Whether to sell the house immediately or maintain it
How to pay the mortgage, taxes, and maintenance if keeping it
Who will live there (if anyone) until your children are of age
What price to accept if selling
How to handle any needed repairs or improvements
If the house needs to be sold, the process is complex. The property guardian must:
Obtain court approval for the sale
Get professional appraisals
List the property at fair market value
Handle all negotiations
Seek court approval of the final sale price
Manage the closing process
Properly invest the proceeds for your children's benefit
For many people, a significant portion of their net worth is in their residence. Sadly, this equity isn’t readily available to provide for your minor children even if the house is sold. The sale proceeds must be placed in a court-supervised account until your children turn 18. The property guardian will need court approval to access these funds, even for your children's basic needs.
The court decides your children's guardian.
A surviving parent typically has priority, but this isn’t an option for single parents. The court selects a guardian based on the children's best interests - without any input from you about who you trust to raise them.
The process takes longer and costs more.
Dying intestate typically means a longer, more expensive probate process as the court works through these decisions without your guidance. This depletes resources that could have gone to your children's care.
The good news? You can prevent all of these issues with proper estate planning.
An estate plan puts you in control:
Nominate guardians for your children
Create trusts to manage assets for their benefit
Specify how and when they receive their inheritance
Minimize estate taxes and probate costs
Ensure your children are cared for according to your wishes (and values!)
Don't leave your children's future to chance. Schedule a meeting today to put proper protections in place. The peace of mind knowing your children will be cared for according to your wishes is worth far more than the cost of creating a proper estate plan.
