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If a legally married souse (lets say the female) does the…

Customer Question
If a legally married...

If a legally married souse (lets say the female) does the estate/portifilio automatically go to the surviving husband?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Florida but can go to Arizona (my residence)

Lawyer's Assistant: What documents or supporting evidence do you have?

I do not understand the question - just a legal marriage in Florida is all we have - it's legal we are married

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No - just want it to happen such that her estate portifilio property etc does not automatically go to her surviving spouse e.g. to me I do not want her money or property. We are financially independent and do not want to get tangled up. She dies...I go on with my life without n\anything of hers

Submitted: 3 months ago.Category: Estate Law
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Answered in 3 hours by:
4/1/2018
Estate Lawyer: LegalGems, Attorney replied 3 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,674
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Estate Lawyer: LegalGems, Attorney replied 3 months ago

The law requires the surviving spouse to leave the other person at least $37,000 which is the statutory allowance.

These statutes are below:

https://www.azleg.gov/ars/14/02402.htm

https://www.azleg.gov/ars/14/02403.htm

https://www.azleg.gov/ars/14/02404.htm

This can be avoided by signing a postnuptial agreement waiving these interests.

Now if a person dies without a will then per the laws of intestate succession the surviving spouse is entitled to 1/2 of the community property and all of the separate property.

That can also be waived via a postnuptial agreement or an effective will.

One may list a beneficiary on their bank accounts/portfolios designated the desired party to inherit those sums.

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Estate Lawyer: LegalGems, Attorney replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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