Sec. 45a-320. (Formerly Sec. 45-250). Allowance for support of surviving spouse and family. Family car.
355 words·~2 min read·
/ct/title-45a/chapter-802b-decedents-estates/45a-320·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Court of Probate may allow out of any real or personal estate of a deceased person in settlement before such court, including a small estate being settled under the provisions of section 45a-273 , such amount as it may judge necessary for the support of the surviving spouse or family of the deceased during the settlement of the estate.
(b)In making such allowance the court may in its discretion include in its decree ordering such allowance any one or more of the following provisions, to the extent they are not mutually inconsistent:
(1)A provision that such allowance shall run
(A)for the entire period the estate is in settlement, or
(B)for a fixed period of time not to exceed the period of settlement, in which case such allowance shall be subject to renewal by the court in its discretion;
(2)a provision that such allowance is to be paid in a lump sum;
(3)a provision that such an allowance made for a surviving spouse shall vest in such spouse retroactively as of the moment of death of his spouse so that it will be a fixed sum certain as of said date of death and shall not terminate with the subsequent death or remarriage of the surviving spouse, such allowance to be the absolute property of the surviving spouse, or, if deceased, of the estate of such surviving spouse, without restriction as to use, encumbrance or disposition and for the purpose of this section, the right to seek such a vested allowance shall be a vested right as of the date of death of the deceased spouse, and
(4)a provision that such allowance shall be charged ultimately in whole or in part against any right the surviving spouse or other family member for whom an allowance is ordered may have to the income of the estate earned during the period of settlement.
(c)The court may also allow for the use during the settlement of the estate by such surviving spouse or family of any motor vehicle maintained by the decedent during his lifetime as a family car.