Skip to main content

My husband passed away with no will. Who has right to personal property in State of Arizona.

Phoenix, AZ |

Does his daughter have any rights to personal property purchased (In his name only) during our marriage? i.e. cars, firearms, bank accounts.

Attorney Answers 2

Posted

Generally the personal property passes to the surviving spouse. You need to check how the bank account were titled and if they had a payable on death designation for someone other than the surviving spouse.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Mark as helpful

1 lawyer agrees

Posted

If he died without a will, then the statutes set the rules under what is called "intestate succession". This covers assets that do not otherwise pass by other rules. For example, bank accounts, IRAs, and life insurance may have beneficiaries named or joint owners named. Those items pass outside of probate. In other words, no one here can say whether his daughter has any rights and you need to sit down with a probate attorney and go through the documentation of your husband's assets to get a complete answer. It is most likely that the assets would pass to you as the surviving spouse, but you need to examine the specific assets to be sure.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. I am licensed in Arizona and can only provide general comments on matters outside of Arizona law. Actual legal advice can only be provided after a direct consultation in which all of the relevant facts are considered before providing a response.

Mark as helpful

1 lawyer agrees

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics