Legal Question in Wills and Trusts in Arizona

Insuranc policies, savings, bank acct. no beneficiary

My husbands aunt died no will she had a brother he made himself rep. he took 2 months befor he told his nephwe he was entitled to part of the property but that was all we did find out one of the insurance policies was in my husbands mothers name as beneficary she has been gone 6 years the uncle said it was void after 2 years so no benericary he was next in line so he took all the cash from everything why does he have to split the property but all the cash only goes to him what is the differance.


Asked on 9/09/01, 4:37 am

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Insuranc policies, savings, bank acct. no beneficiary

From what you are telling me, when your husband's aunt died, she did not have a husband or children of her own. When there is no will, the laws of the state determine how the property is distributed. In general, the order is as follows:

spouse

children/grandchildren

parents/grandparents

siblings

nieces/nephews

cousins

As such, your husband's uncle would be ahead of him on the list of beneficiaries. I am not sure why your husband was entitled to any part of the property - perhaps the aunt left a list specifically designating who should receive certain items?

I hope this information is helpful. If I can be of further assistance, please contact me.

Monica Donaldson

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Answered on 10/28/01, 10:37 am


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