Estate Law Questions? Ask an Estate Lawyer.
Did he have a will? Are there any children?
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.
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