Legal Question in Wills and Trusts in Arizona
My father died in 2005 in Scottsdale, AZ, without a will. It was determined what his assets were prior to his marriage to my step mother, and my brother and I split half of that amount. My step-mother got the other half plus all remaining community property (acquired during their 38-year marriage). My step mother died in September 2011, also without leaving a will. She has two sons. My question is: Do my brother and I have rights to any of my father's assets (ie the community property) left to his wife?
Thank you.
1 Answer from Attorneys
Upon your father's death, all of his separate property and one half of the community property should have been split one third to your step mother and the balance to you and your brother.
Upon the step mother's death, you have no interest under state law of succession. After your father's estate was distributed, he had no assets.
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