Connecticut House Bill HB06694

Connecticut 2013 Regular Session

• Introduced: 4/5/13
• Refer: 4/5/13
• Report Pass: 4/19/13
• Refer: 4/29/13
• Report Pass: 5/6/13
• Engrossed: 5/29/13
• Report Pass: 5/31/13
• Chaptered: 6/21/13
• Enrolled: 6/27/13
• Passed: 7/12/13

Caption

An Act Concerning The Inheritance Rights Of A Child Who Is Born After The Death Of A Married Parent.

Impact

If enacted, HB 06694 introduces significant changes to state laws governing inheritance. It amends existing statutes to clarify the conditions under which children conceived after a parent's death are entitled to inheritance from the parent's estate. These changes ensure that such children are treated equitably, allowing them necessary access to family resources and support. The law is also structured to protect fiduciaries from personal liability concerning distributions made before the potential existence of these children is confirmed.

Summary

House Bill 06694 addresses the inheritance rights of children conceived after the death of a married parent. The bill establishes that such children shall be considered as being born during the parent's lifetime, under specific conditions regarding the use of sperm or eggs preserved by the deceased. This legislative measure intends to ensure that these posthumously conceived children have legal rights to inherit from the deceased parent, securing their status similar to that of living children at the time of the parent's death.

Sentiment

The sentiment surrounding HB 06694 appears to be supportive, especially from advocacy groups focused on family rights and children's legal status. Proponents argue that the bill provides essential protections and recognition for children who are posthumously conceived and addresses potential gaps in existing law that may exclude them from inheritance. However, there are also concerns about the implications of such provisions on complex family dynamics and estate administration, which may evoke some contention among critics.

Contention

Some notable points of contention include the procedural requirements imposed on surviving spouses regarding document disclosures and the protections granted to fiduciaries in terms of their liability. Critics may question whether the requirement for a written document granted by the decedent is sufficient to cover all possible scenarios of posthumous conception, and if it appropriately balances the rights of potential heirs against the rights of families and fiduciaries managing estates. There is a concern about how existing testamentary practices will adapt to accommodate these new rights while preserving the decedent's intended distribution of assets.