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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2963
Experience:  Litigation Attorney with education focus on estate planning and tax
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My husband has passed away. We were married only one year

Customer Question

My husband has passed away. We were married only one year and one month. We had never put my name or his name on each other's accounts or house. I own my house outright and it is in my name. He owns some credit card debt and a small amount in a checking account ($1600). What do I need to do?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

Did he have a will? Are there any children?

Customer: replied 1 year ago.
No he did not have a will. We have no children in common. He has three sons
Customer: replied 1 year ago.
they are all adults
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Without a will, the property will pass according to intestate succession (Arizona law). It does not matter if the children are grown or adults. You as the spouse inherits 1/2 of his separate property but no interest in the 1/2 of the community property that belonged to your spouse. His children inherit 1/2 of his separate property and the 1/2 of the community property that belonged to your spouse. Understand that any property owned jointly (it sounded like there was none such as a bank account in both of your names would pass outside of probate and not subject to this computation). So basically anything that was earned during marriage that was his half, goes to his kids (you of course keep your own community property 50%). His separate property is split 50% to you and 50% to his kids.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 1 year ago.

Just checking back in,do you have any further questions?