Legal Question in Wills and Trusts in Arizona

Re: how do i know if there is a will?

In general terms, life insurance goes to the beneficiary listed on the policy, and the estate goes to those listed in the will, and to the heirs at law if there is no will. There are exceptions, of course. A minor surviving child is entitled to statutory allowances against the estate, even if he is not listed in the will. The life insurance policy may be subfect to a claim for this. If there is no will, your son may be entitled to a share of the assets, depending upon which assets belonged to your ex before his second marriage and which were community property with his second wife. I presume that your divorce decree contained no protections for the child by way of ordering life insurance, which usually is in place to replace child support after the death of the father. Perhaps you can do some further investigation with this information. You may need to consult with an estate attorney. Your message does not reveal which state you live in, nor the state of your ex-husband's residence.

Good luck to you and your son. My condolences for your loss.