Legal Question in Real Estate Law in Arizona

My husband and I own a home however he is sick with cancer and numerous other health problems, I am his caregiver and wife. His kids want him to get a will and them get 66% of the sale of the house, can he do that to me?


Asked on 9/09/11, 8:07 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Your husband can bequeath his separate property and his half of any community property to anyone that he chooses. First, it is essential to know how the title to the home is recorded, is the house in his name alone? in your joint names? with right of survivorship? It is interesting that his children want him to make a will, because he could leave his share to anyone he wants in his will. If he has no will, then state law will determine who inherits his estate and his interest in the home.

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Answered on 9/09/11, 8:19 pm


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