Q: In a small estate affidavit in Arizona, who would have equal or greater rights than a surviving spouse?
I am a surviving spouse of my husband who died without a will.
A: If there is no will, then his kids may have equal rights if the kids are also not your kids. Otherwise, the surviving spouse it top of the list.
A: Any child of your husband from a previous marriage or any other relationship would have rights that are equal to yours in your husband's estate. Any person specified by your husband in a beneficiary deed could have rights superior to yours. Before you prepare and file anything with the court or county recorder's office, I recommend that you review this matter with an attorney. Once your attorney reviews the estate inventory, any existing deeds to real property and knows all the facts, he or she will be able to let you know your legal rights and your best options for the handling of your husband's estate.
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