Intestate Succession of Non-Community Property

Question: I moved into my future husband’s Sun City home seven years ago. We were married two years later, but I never asked to be added to the deed to the home. Last month my husband died. His two sons live in Oregon. In the last seven years they never came to Arizona to see their father so I have never met them. The two sons recently emailed me that they now want to sell the home. They will let me live in the home until the sale of the home closes. Because I was never on the deed and there is no will, however, they say that I have no interest in the home. Are they correct?

Answer: Probably not. If your husband had no will, and there is no deed of the home to you, the law of intestate (“no will”) succession should apply. Therefore, the sale proceeds from the Sun City home would be divided 50% to you as the surviving spouse, and 50% to your late husband’s two sons as children from a prior marriage. See A.R.S. § 14-2102.

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