Is an ex wife considered an heir when there is no will?
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Is an ex wife considered an heir when there is no will?
Our neighbor passed without a will. His
father is concerned that she will make a claim
against the estate. He was an AZ resident.
Asked on September 6, 2019 under Estate Planning, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Not if the divorce was finalized. A current spouse will inherit under the laws for "intestate succession" when there is no will, but not a former spouse. Once two people are divorced, they have no inheritance rights from each other unless they willed assets to each other.
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