How can I claim my rights to my husband's property after his death?

Full question:

My husband and I had few disagreements before he died which caused him to completely exclude me out of his will. I am mean the man literally left me a dollar in the will. Majority of his property per the will goes to his parents. In this situation how do I claim my rights over his property?

  • Category: Wills and Estates
  • Subcategory: Elective Share of Estate
  • Date:
  • State: Arizona

Answer:

In Arizona, which is a community property state, the surviving spouse is entitled to their share of community property, even if they are excluded from the will. This means you may have rights to property acquired during the marriage.

According to Arizona law, all property acquired during the marriage is considered community property, except for property received as a gift, through a will, or inherited. Since your husband left you only a dollar, you can still claim your share of the community property, as the will cannot completely disinherit you from your rights to that property.

For more details on your rights, refer to A.R.S. § 25-211, which outlines community property laws in Arizona. You may want to consult with a legal professional to help you navigate this situation and ensure your rights are protected.

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

In Arizona, the distribution of inheritance typically occurs after the probate process is completed. This can take several months to over a year, depending on the complexity of the estate and any disputes. Once the probate court approves the will and the executor settles debts and taxes, beneficiaries can receive their inheritance.

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