If my father passed away without a Will and was survived by my stepmother and I, does she get everything or do I get half?

I worked bridge construction being a certified welder and a carpenter. At work one day I painted the side of the bridge from a ladder that was not tied off so the ladder kicked out resulting from me falling off the ladder about 14 ft down into a river. I broke my left wrist and tore my rotary cuff on my right shoulder. I have gone threw multiple surgeries and am fighting with workmers’ comp to pay for a second surgery on the same shoulder. Since workmers’ comp is involved can I sue the actual company?

Asked on April 27, 2017 under Estate Planning, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When someone dies without a Will, they are said to have died "intestate". This means that the laws of the state in which they were domiciled as of the deah will control. In AZ, a spouse (who is not the mother of the deceased's children) inherits 1/2 of the separate property but no interest in the 1/2 of the community property that belonged to the deceased spouse; the children inherit 1/2 of separate property and the 1/2 of the community property that belonged their late parent.

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