Conn. Gen. Stat. § 45a-438

Current with legislation from the 2024 Regular and Special Sessions.

Section 45a-438 - (Formerly Sec. 45-274). Distribution to children. Inheritance of child born out of wedlock from or through father

(a) After distribution has been made of the intestate estate to the surviving spouse in accordance with section 45a-437,the residue of the real and personal estate shall be distributed equally, according to its value at the time of distribution, among the children, including children born after the death of the decedent, as provided in subsection (a) of section 45a-785, and the legal representatives of any of them who may be dead, except that children or other descendants who receive estate by advancement of the intestate in the intestate's lifetime shall themselves or their representatives have only so much of the estate as will, together with such advancement, make their share equal to what they would have been entitled to receive had no such advancement been made.

(b) Except as provided in section 45a-731, for the purposes of this chapter, a child and the child's legal representatives shall qualify for inheritance from or through the parent if parentage is established in accordance with the provisions of the Connecticut Parentage Act or by adoption. If parentage is based on subdivision (3) of subsection (a) of section 36 or sections 40 to 50, inclusive, of the Connecticut Parentage Act, parentage shall be established by a voluntary acknowledgment of parentage under sections 24 to 35, inclusive, of the Connecticut Parentage Act, or by court adjudication.

(1949 Rev., S. 7058; P.A. 78-199, S. 1; P.A. 90-146, S. 11; P.A. 91-109, S. 1; P.A. 95-316, S. 5; P.A. 96-180, S. 159, 166; P.A. 13-301, S. 7; P.A. 14-104, S. 4.)

Amended by P.A. 21-0015,S. 103 of the Connecticut Acts of the 2021 Regular Session, eff. 1/1/2022.

Amended by P.A. 14-0104, S. 4 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.

Annotations to former section 45-274: Deed with merely nominal consideration presumed to be advancement. 3 C. 34. Illegitimate child inherits from mother. 5 C. 232. Advancement by unauthorized agent inoperative. 6 C. 311. Gifts are presumed to be advancements. Id., 360, but see 20 C. 326. Advancements are to be brought in and made subject of distribution. 7 Conn. 5; 64 Conn. 419. Intent governs as to whether property is gift, advancement, or partly each. 16 C. 388; 20 C. 327. Specific legacies not advancements. 17 Conn. 545. Gift cannot be subsequently changed to advancement. 23 C. 521. Widow's share in personal estate vests instanter on death of husband. 26 Conn. 352. Advancement not chargeable against widow's third. 64 Conn. 419. Cited. 65 C. 89. Section legitimatizes children born before marriage for all purposes. 69 C. 303; 90 C. 168. Cited. 69 C. 625; 72 C. 154; 74 Conn. 131. Intention determines, between loan and advancement; latter can be converted into former only by consent. 79 C. 365. Illegitimate children may inherit from mother. 88 C. 270. State where land lies determines as to its transmission by inheritance. 178 U.S. 186. "Children" does not include those precluded from inheriting from natural parents by Sec. 45-65. 115 C. 165. "Legal representatives" of a deceased child include his lineal descendants. Id., 242. Former statute cited. Id., 273. Cited. 135 Conn. 252. Heirs at law who take upon intestacy resulting from the failure of a contingent remainder to vest are to be ascertained as of the date of testatrix' death. 137 C. 192. Cited. Id., 610. Meaning of term "legal representatives" should be determined from the context of the will; here held to be a term of limitation. 147 Conn. 272. Cited. 149 Conn. 129; 150 C. 125; 170 Conn. 212; 174 Conn. 482. Unconstitutional as applied to the illegitimate children involved as violation of equal protection clause of U.S. and Connecticut Constitutions. 178 C. 181. Cited. 180 C. 114; 194 Conn. 52; 204 Conn. 760; 216 C. 523. Cited. 38 Conn.Supp. 91. Neither the execution of a "statement of parentage" nor the affirmation on an income tax return constituted a valid acknowledgment of paternity since they were not made "under oath". 40 Conn.Supp. 151. Annotations to present section: Cited. 234 C. 51. Cited. 34 Conn.App. 579.

See Sec. 45a-436 re survivor's succession upon death of spouse, election against will and intestate succession.