Legal Question in Wills and Trusts in Arizona

Inestate Succession Law Arizona

Both my husband's aunt and uncle are deceased and

did not leave a Will. His uncle did not have any surviving

blood relatives. My husband is his aunt only surviving

blood

relative.

The reason the Unclaimed Property Unit denied the

claim is as follows:

''It appears that your uncle survived your aunt and

therefore the property ownership passes to your uncle.

Due to intestate laws, the property passes to your

uncle's relatives in succession. Based on the

information you provided, you are not an heir in that

succession as you are related by birth to your aunt

rather than your, to whom you are related by

marriage.''

In 14-2103. Heirs other than surviving spouse; share in

estate:

''If there is no surviving grandparent or descendant of

a grandparent on either the paternal or the maternal

side, the entire estate passes to the decedent's

relatives on the other side in the same manner as the

half.''

Does ''decedent's relatives on the other side'' mean the

decedent's nearest kin?

What does ''decedent's descendants by representation''

means?

Is my husband entitled to the property of his aunt and

uncle?


Asked on 3/17/06, 6:22 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Inestate Succession Law Arizona

From your message it appears that your husband is related by blood to his aunt, and the "uncle" is the husband of the aunt.

It also appears that there were no surviving blood relatives of the uncle who were grandparents of the uncle or descendents of the grandparents of the uncle. Therefore the estate escheats to the state. In-laws do not inherit under the intestacy laws. If you read the entire statute section you quoted, Sec. 14-2103 of the Ariona Revised Statutes, you will see this.

Right of representation has nothing to do with your husband in this case. It is simply that if a person is an heir as to a share, and that person is dead, the descendents will take the dead person's share in a priority set forth by law. It does not apply to your husband's situation.

Everyone who reads this message will be reminded that it is important to make a will. In some cases, if no blood relatives are left, the property will go to the state, which is unfortunate. Wish I had other news for you, but this is my response based upon the facts you give.

Best regards,

James D. Jenkins

Read more
Answered on 3/20/06, 11:08 am


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