Legal Question in Wills and Trusts in Arizona

A mothers wishes

can items be given away to anybody instead of her family if there is not a will?


Asked on 2/17/09, 12:54 pm

2 Answers from Attorneys

Brian Blum Blum Law Office, PLC

Re: A mothers wishes

NO. The property MUST be distributed in accordance with the law in the state where the person resided. Each state has very specific rules on who gets the property. These are generally called the "rules of intestate succession" or "intestacy statutes."

In Arizona the rules are in Title 14 Chapter 2 of the Arizona Revised Statutes. Go here:

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=14

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Answered on 2/17/09, 1:05 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: A mothers wishes

No. All items in the estate belong to the heirs under the law, or the heirs named in the decedent's Will.

If the heirs want to give an item to one of your Mother's friends, and they all agree, they can do that after the estate has been probated or distributed to the heirs.

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Answered on 2/17/09, 1:18 pm


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