Arizona  |  Wills and Trusts

Legal Question

Asked on: 4/20/13, 2:45 pm

My father died 2 yrs ago without a will, my stepmother died less than a month ago wthout a will. The property is in both of their names. Do my brothers and I have any claim on the property since my father paid for it out of his retirement, or does it all now belong to her family. There was no children born to this union, thou my stepmother has guardianship of my nephew that is mentally handicap

1 Answer


Answered on: 4/20/13, 3:08 pm by Donald Scher

When your father died without a will, his heirs at law are determined by AZ State law, and 1/3 goes to the surviving spouse and the 2/3 is split equally among his surviving children. When she died without a will, her estate would go to her children, if any, and then to other relatives according to the statute. You should retain an experienced attorney to determine who has what ownership and put the title to the real property in the proper owners' names.


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Donald T. Scher & Associates, P.C. 2200 E. Camelback Rd., #102 Phoenix, AZ 85255

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