If my mother passed awaybut did not leave a Will, do my brother and I have any legal rights as heirs?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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