Legal Question in Wills and Trusts in Arizona

can you tell me if I am still married to a man that just passed away, even though we have been separated for 2 years and he lives in another state, can I still claim his car and belongings? He lived in Illinois. I am executor of his will. But it does state he wants his creditors paid first.


Asked on 11/29/09, 12:15 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Yes, you are still married since you did not obtain a divorce decree. You did not state if you obtained an order from a court providing for a legal separation. Also, you did not state where you were married which may determine your rights and obligations. It sounds like Ilinois Law will apply unless he was a resident of AZ and made an AZ Will. It may also depend upon where he has any real estate located that is part of his estate. What you can claim and what rights the creditors may have is subject to some factual determinations. You should retain legal counsel and sort out the various factors.

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Answered on 12/04/09, 12:43 pm


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