If my mother passed awaybut did not leave a Will, do my brother and I have any legal rights as heirs?

UPDATED: Sep 8, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 8, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my mother passed awaybut did not leave a Will, do my brother and I have any legal rights as heirs?

My stepfather is keeping everything.

Asked on September 8, 2011 under Estate Planning, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you do have legal rights. Pursuant to AZ intestacy laws (i.e. the laws that govern the distribution of an estate when someone dies without a Will), both a surviving spouse and children have the right to inherit.

Specifically, as to both separate property and the 1/2 of community property that belonged to the decedent, they pass to the surviving spouse. If there are surviving issue one or more of whom are not issue of the surviving spouse, 1/2 of the intestate separate property but no interest in the 1/2 of the community property that belonged to the decedent.

At this point you need to speak directly to a probate attorney in your area.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption