This is a common situation. By the way, the same issues arise if your father died without a will and your stepmother is now in charge of his estate. In this situation, you need an attorney. Under A.R.S. 14-2102, you are entitled to one-half of your mom's (or dad's) separate property and all of her (his) one-half of the community property from the marriage. So, the bottom line is that you are entitled to at least something. Figuring out what that something is, however, can get complicated.
You have probably heard of community property issues popping up in the divorce context. Well, the same happens in probate when there is no Will and there is a second marriage.
You need an attorney to represent you in this type of situation. I can help you and then get paid out of your portion of the estate.
I hope this information is helpful. Paul Deloughery
(You can contact me directly by email at paul@delougherylaw.com or phone at 602-443-4888. For more information, visit www.delougherylaw.com)
The information in this blog is general in nature and is not intended to address any particular situation.
Monday, April 6, 2009
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1 comments:
This same situation happened to me a few years ago with my grandmother. My grandfather had past away a year earlier and the family started asking questions about what was going to happen to my grandmothers house and accounts. Aunts and cousins were volturing around wanting her house. I decided to take it upon myself to get her a Living Will and upon expired Will. I did all of this with the help of Pre-Paid Legal Services. I bought a Pre-Paid Legal membership for my grandmother. This was the best decision that I ever did. Many family members fought my grandmothers will but they had nothing to stand on because it was a legal document drawed up by a lawyer. Pre-Paid Legal helped me and my family through those tough times. If anyone has questions about these services please visit my website at www.prepaidlegal.com/hub/jheredia
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