Legal Question in Wills and Trusts in Arizona

Re: last will

More facts are needed. Your friend should see an attorney. I can tell you that, generally:

Assets titled jointly with right of survivorship will go directly to Husband when Wife dies.

Any assets which were the "separate property" of Wife will go to whoever wife has listed in her will.

Any assets which were "community property" will be split between Husband and whoever wife has listed in her will.

Assets like life insurance, annuities, and other investments where a beneficiary was listed with the investment will go directly to the beneficiary.

Your friend should see an attorney to determine whether each asset was "separate property" or "community property" or "joint tenants with right of survivorship" or whether a valid beneficiary designation was made.

Re: last will

Yes, he has entitlements.

First, he is entitled to his one-half of all community property. This would include a vehicle, for example, even if titled in wife's name, because it is community property. Since he owns one half of all community property, that does not pass under the will, since it is his, not hers to give away.

Second, he is entitled to the surviving spouse allowances for homestead allowance, exempt property and family allowance. These were designed so that a person could not totally cut their spouse out of the will, in the absence of a written agreement waiving these entitlements, such as a prenuptial agreement, property settlement agreement or some estate planning document he signed waiving these entitlements.

He should seek an attorney, because it will be easier to get the property. The son will likely not know the law and will not believe a layman. We offer free initial consultations, which can be arranged at 480.835.1500.

Best regards,

James D. Jenkins