Legal Question in Wills and Trusts in Arizona
Line of decendancy - who is eligible
This gets to be confusing but I will try my best...
Grandparents(A + B) had one child(C). That child was married(D) and had 3 children(E, F & G).
C dies 1978 intestate. Informal probate awards all to D.
D remarries 1979.
A dies 1994 intestate. Unknown as to whether probate done. assume not.
B Dies 1997 intestate.
As I understand it, when B died, then E, F and G would be considered surviving descendants and entitled to 1/3 of the estate each and that D was not considered a surviving descendant and was entitled to 0% of the estate.
Is this correct or does D actually have an interest in the estate? Plz site ARS� or caselaw if possible.
THank you
1 Answer from Attorneys
Re: Line of decendancy - who is eligible
As a separate question, you would be right about the grandchildren sharing in the decedent's estate and not their Mom. ARS Section 14-2103.