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There is no common law marriage in Arizona. But, he has the right to make his will out whatever way he chooses. However, if he is still married to someone else, that could be a problem. Arizona law permits you to disinherit your spouse, but not completely. Upon your death, your spouse will be entitled to a package of statutory allowances from your estate, worth $37,000, or more. This means that your spouse will receive the first $37,000 from your estate, even ahead of your creditors. You can enter into a prenuptial agreement or a postnuptial agreement with your spouse to waive this right. Such agreements are strictly regulated by law; each side should be represented by legal counsel, and such agreements must be fair. The will needs to be witnessed by two people. The legal "wife" may or may not cause any complications, but it sounds like he may have to divide up his estate.
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