Legal Question in Wills and Trusts in Arizona

death without a will in Arizona

My mother died without a will yesterday. She just received a check for $50,000. She is married to my stepfather but my sister and I know that she wanted us to have a portion of the money. Is it worth the fight for the money or does the law say that it automatically goes to her husband? We live in Arizona.


Asked on 3/16/09, 11:40 am

2 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: death without a will in Arizona

I agree with the previous answer, but more details need to be known, such as what the check was for. It might make a difference. Did she deposit it in a joint account with her husband before she died? Is the check still not deposited or cashed?

See an estate attorney for a complete opinion. We offer free initial consultations with no obligation. See our blog at JenkinsLawCenter.blogspot.com

best regards,

James D. Jenkins

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Answered on 3/17/09, 1:01 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: death without a will in Arizona

The money is part of your Mother's estate. The heirs at law of your mother are her spouse and her children, and you are each entitled to a share of the estate, after her bills, creditors, and taxes are paid. The money does not automatically go to her spouse unless the check shows him as a payee and it was jointly owned property.

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Answered on 3/16/09, 12:00 pm


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