Legal Question in Wills and Trusts in Arizona
My ex-husband and I had reconciled. I lived with him the previous 16 mos and had to go to Texas to deal with a family matter and have been gone from Arizona for 2 mos now helping my daughter. I was going back next month to Arizona. My ex husband has unexpectedly died. My name is on some things..not the house, it was on our to do list. He has a brother and a son from a previous marriage. Am I entitled to anything? Please help. I need to know my rights if any before I see the brother.
2 Answers from Attorneys
Legally, you only have a property interest in those items titled in your name, unless your ex made a Will naming you as an heir. Otherwise, an intent or promise to make a gift, is not enforceable. Your best bet is to persuade the brother and son, that your ex wanted you to have the house and that you should share ownership with them, as well as the expense of taxes, maintenance and insurance, or perhaps that they should let you live there, until you are no longer able to or don't want to.
I agree with Don Scher, except that you do have the right to the spousal allowances provided in the statutes. You should consult with an attorney to determine exactly how much money is due to you from your husband's estate in addition to the assets already in your name. Do not agree to settle your interest before you know what you are legally entitled to.
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