Legal Question in Family Law in Arizona

Death of separated spouse

I have been separated from my husband since 1999, and neither of us have ever filed for a divorce or a legal separation. I recieved a call today that he died last night. What do I have to do? I do not know where, or if he has any debts, or assets. What am I responsible for, how do I find out what all is in his name, and what do I have to do to finalize everything?


Asked on 11/12/03, 2:00 am

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Death of separated spouse

As his spouse you are entitled to share in his estate and if he has no children not common to you you would be entitled to all of his estate under the law of intestate succession if he did not have a will. Your first thought should be whether or not he left any assets that would have any value of significence. If he did, then you might want to apply for appointment as personal representative of his estate. If we can be of service to you please let us know. Thanks, Jon C. Dake

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Answered on 11/13/03, 12:01 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Death of separated spouse

Thank you for your inquiry, and my condolences.

Since you were still legally married at the time of his death, that may entitle you (1) to administer his estate, and (2) to receive all or part of his estate, depending on whether he left a will and whether he has children that are not common with you.

Please call my office for a free initial consultation so we can discuss additional details.

Sincerely,

Monica Donaldson

[email protected]

(480) 792-9770

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Answered on 11/12/03, 8:56 am


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