Legal Question in Wills and Trusts in Arizona
wills and estates
I am an only child. If my dad dies and does not have a will, who will his belongings and property go to.
2 Answers from Attorneys
Re: wills and estates
It depends. Is your father married? If he's married to your mother, then she will get everything. If your father is married to someone else, then you and her will split everything 50/50. If your father is not married, then you get everything.
Re: wills and estates
To follow up on my response: There are several exceptions to the general rule I stated. For example, your father may own property as "joint tenants with right of survivorship" with another person. In that case the property would go to that other person. Another exception is the so-called "payable on death" or "transfer on death" designations. In those cases, the property will automatically go the person named.
In the case of insurance policies and retirement accounts, your father has probably named a beneficiary. For those assets, the money will go directly to the beneficiary.
Other exceptions may exist as well.