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 1 year 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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