Legal Question in Wills and Trusts in Arizona
My father past away last month after a long illness. He remarried right after my mother past away 2 years ago. His new wife is taking everything my father had. I have two brothers. As siblings do we have any say in who gets my fathers assets?
Asked on 6/27/10, 1:34 pm
1 Answer from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
The answer depends upon whether or not your father had a Will. If there is a will, then that would be the controlling document. If no will, then state law determines who inherits your father's assets. Most state law provides for the estate to be split between the surviving spouse and the children of the deceased, so it would appear that you have a right to share in the estate and should bring an action in probate court to stop the new wife from taking everything.
Answered on 6/28/10, 7:27 am
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