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Can my husband's ex-wife claim his property in Arizona without a will?

Can my husband's ex-wife claim his property in Arizona without a will?

Full question:

My husband died at the age of 63. We are residents of Arizona. We had 3 children in our marriage. Though he was married before, he never had any children in that marriage. He has not left a will and last testament which provides for the division of assets. His ex-wife is now trying to seek a claim with respect to his property. Does the law in Arizona permit such claim?

Category: Wills and Estates
Subcategory: Intestacy
Date: 04/07/2025
State: Arizona

Answer:

In Arizona, if a person dies without a will, the distribution of their estate is governed by intestate succession laws. According to A.R.S. § 14-2102, if the decedent has children from their current marriage, the surviving spouse inherits the entire estate. Since your husband had three children with you and none from his previous marriage, all of his assets will pass to you as the surviving spouse. The ex-wife has no claim to the intestate property because there are no children from that marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if husband dies and wife is not on the deed?

In Arizona, if a husband dies and his wife is not on the deed, the property may still pass to her if they were married at the time of his death. Arizona law typically grants the surviving spouse a share of the estate, especially if there are children involved. However, the specifics can depend on how the property is titled and whether there are any other claims. It's advisable to consult with a legal professional for tailored advice.

What happens when my name is not in the deed of the house?

If your name is not on the deed of a house in Arizona, you may not have legal ownership of the property. However, if you are married to the owner, you could still have rights to the property upon their death, especially if there are children involved. Arizona's intestate succession laws may provide you with a share of the estate. Consulting with an attorney can clarify your rights.

Who is next of kin in Arizona?

In Arizona, the next of kin typically includes the spouse, children, parents, and siblings of the deceased. If there are no immediate family members, the law may extend to more distant relatives. The order of inheritance follows a specific hierarchy under Arizona's intestate succession laws. Understanding this hierarchy can help determine who inherits property if someone dies without a will.

Who inherits a house if the surviving spouse is not on the deed?

If the surviving spouse is not on the deed in Arizona, they may still inherit the house if the deceased spouse had no will. Arizona law generally allows the surviving spouse to inherit a portion of the estate, especially if there are children involved. However, the specifics can depend on how the property is titled and other factors. Legal advice is recommended for clarity.

When a husband dies, what is the wife entitled to in Arizona?

In Arizona, when a husband dies without a will, the wife is typically entitled to inherit the entire estate if there are children from their marriage. If there are no children, she may still inherit a significant portion. Arizona's intestate succession laws ensure that the surviving spouse is protected, but the exact distribution can vary based on individual circumstances.

Does a spouse automatically inherit everything in Arizona?

In Arizona, a spouse does not automatically inherit everything if the deceased had children from a previous marriage. However, if there are children from the current marriage, the surviving spouse generally inherits the entire estate. The rules of intestate succession dictate how assets are distributed when there is no will, and it's important to understand these laws for specific situations.