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My wife just died & was intestate. Her son by a previous marriage is claiming 1/2 the community property. Does he have a claim?

Phoenix, AZ |

I was my wife's 5th husband & her issue was by her second x-husband; her son is now 40 years old. I researched the 2013 Arizona Revised Statutes S.14-2102. specifically Article 2. It seems to grant me full possession of our community property all of which was held in both our names but it grants 1/2 of her "separate property" to her son but I am not sure because of the statute's wording. Her X, an occasional attorney and real estate salesman disagrees and wants her 1/2 share to go to his son. I have a meeting next week with Social Security to try and get some or all of my wife's benefits for him as he is somewhat retarded but by no means disabled. There is no dispute as to the separate property but I question her son's claim to the 1/2 of my wife's share of the community property.

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Attorney answers 3

Best Answer

The children who are not children of your marriage are collectively entitled to one-half of your wife's sole and separate property. However, I echo my colleagues in not taking any action without first consulting with a probate attorney.

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.


You need an attorney to help you straighten out what was separate and what was community property. If you wife did not have a will, her property will be distributed according to Arizona's laws of intestacy. You probably have some right to possession over her half of the community property during your lifetime. Don't let her ex tell you otherwise, get your own attorney to protect your interests. Good luck, and I am sorry for your loss.

Reading something on the Internet is NEVER a substitute for consulting with an attorney. No attorney/client relationship exists, and any information you receive is incomplete. It is impossible for any attorney, including myself, to give complete answers without knowing the full background of your situation. You get what you pay for!


I agree with Attorney Sullivan and encourage you to hire an attorney immediately.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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