Legal Question in Wills and Trusts in Arizona
Whose Personal Property Is it Upon Death of Spouse?
My husband's wife passed away (she left no Will) and he subsequently moved from the state. Five years later, his kids want the family scrapbooks. No verbal or written statement promised or gave the kids (all adults) ownership by the mother. Does this state's law award all of her personal property upon her death to her husband? Thank you in advance.
2 Answers from Attorneys
Re: Whose Personal Property Is it Upon Death of Spouse?
I am presuming that the children were all children of your husband and his late wife, i.e. no stepchildren of his. That makes a difference in the answer.
With no will, the property passes to the spouse. There is also a statute of limitations to make claims against an estate.
It is customary for relatives who want scrapbooks, photos etc. to either divide these items or arrange for them to be copied at the expense of the requesting relatives. Today's technology offers excellent color copies. This is a matter of courtesy, not law. Perhaps your husband could offer such an arrangement.
Good luck
James D. Jenkins
Re: Whose Personal Property Is it Upon Death of Spouse?
No, if there is no Will or Statement of Wishes saying who gets what personal property, the property would be shared by the surviving spouse and children according to state law.
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