Legal Question in Business Law in Arizona
real estate partnership
My ex-husband and I divided all of our property at the time of the divorce, but stayed partners in a real estate investment. This is stated in the divorce papers. He now has a terminal disease. Does his half of the property go to his children from a previous marriage or to me.
2 Answers from Attorneys
Re: real estate partnership
That depends on the terms of his will, and my answer assumes the will is to be probated under New York law. You are no longer his spouse, so the spousal inheritance path no longer applies to you, but if he makes a specific bequest of his share of the property to you then you would probably inherit. Of course, if he specifically bequeathes an interest in the property to anyone else, that person would also inherit that share.
If he dies intestate (without a will), the property interest will go first to any new wife he may have married (she would get his full half-interest in the property), then, if he has no current spouse at the time of his death, to his kids (the kids get equal shares among themselves: thus, if he has three kids, each kid would get 1/3 of the dad's half interest, or a 1/6 interest in the property).
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
Re: real estate partnership
The question submitted to me states that you are in New York, but the question pertains to Arizona law. It is unclear where your ex lives now (Arizona?).
In the absence of terms of an agreement or divorce decree stating otherwise, his estate and assets will go to the named beneficiaries in his will or trust, if he has a trust, or by the laws of inheritance if no will or trust. You would not be an heir, since you are divorced and would not be a surviving spouse.
If further estate planning is needed you may contact us.
Best regards.
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