Legal Question in Wills and Trusts in Arizona
My father had set up a trust in 2001. He remarried in 2002 and in 2004 purchased property with funds from the trust and placed the property in the trust's name. No funds of his wife's were ever used for the property. My father recently passed away. Since AZ is a Community Property State, can hiswife make a claim against teproperty?
Asked on 2/19/10, 9:05 am
1 Answer from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
No, your father maintained the property as his separate property by placing it in his separate trust. EXCEPT, if he made provision in the trust for his new wife, then she would be a beneficiary of the trust and entitled to receive the benefits he wanted her to have.
Answered on 2/24/10, 10:26 am
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