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


Asked on 11/28/04, 12:01 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

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.

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Answered on 11/28/04, 3:40 pm


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