Legal Question in Wills and Trusts in Arizona
a mothers propertybefore marrage
If a woman lives with a man for 6-yrs,along with all her items,she had before and whatever she purchased or recieved as GIFTS, then married this man but she passed away 3 days later,does he have rights over all her property?
2 Answers from Attorneys
Re: a mothers propertybefore marrage
First question: Did the woman have a will? If so, the assets must be distributed according to the will.
Second question: Assuming there was no will, did the woman have children who were not also the children of the man? If so, the children will be entitled to one-half of the woman's separate property and all of her community property.
Third question: Why did the woman die just three days after getting married? This raises questions as to whether the marriage was valid, and whether the man had anything to do with her death. If so, he may not be entitled to inherit anything from her.
I would be happy to discuss this matter further. You may call my office if you have further questions.
Re: a mothers propertybefore marrage
There are a few issues here:
The first is whether her property is "community property" or "separate property." Generally only property acquired during the marriage is community property.
The next issue is how much does the husband get. The answer here is complicated and depends on whether she had any kids and whether husband was the father. See an attorney.
Assuming she has kids and that the husband is not the father, then her kids are probably entitled to some of her property.