Legal Question in Wills and Trusts in Arizona

Re: Wills

Thank you for your inquiry.

Generally speaking, anything you owned prior to marriage was sole and separate property, and anything you acquired during the marriage is community property.

When you make a disposition of your property (by will or by trust), you have the right to give away all of your separate property and your half of your community property (your husband still owns his half of the community property after death). If your children are from a prior marriage, you will want to make this quite clear in your documents.

Depending on your estate and other circumstances, you might want to consider preparing a trust instead of just a will, as a trust is more flexible, more private, and in the end, less expensive (no probate).

If you would like to discuss these matters further, please contact me.

Sincerely,

Monica H. Donaldson

[email protected]

(480) 792-9770