Wills

questions & answers

Question: My husband is in for emergency surgery for cancer. What happens if we don't have a will yet?

Answer: If your husband passes away without a Will, the Arizona laws of intestate succession will control.  Arizona Revised Statutes, Section 14-2102 defines the share of the estate the surviving spouse will receive.  It states: The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent (deceased), passes to the surviving spouse:       1.  If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate.       2.  If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent. In other words, if there are no children, you will automatically inherit everything.  If you had children together, you still receive the entire probate estate.  However, if your husband has children that are your stepchildren, then you receive half of any separate property he has and none of his share of the community property.  Arizona does not have any estate tax unless the estate exceeds $5.3 Million Dollars.