Phoenix, AZ asked in Estate Planning for Arizona

Q: Since my dad died does my mom get my paternal grandpa’s inheritance?

My dad died 8 years after my grandpa before any disbursements. The trust says it will go to his children and grandchildren. There is also a part that mentions children preceding him in death and living issues getting their portion. My mom thinks since my dad was alive when my grandpa died that she is entitled to the inheritance. The executor does not agree since it says it will go to his children and grandchildren.

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1 Lawyer Answer
Gregory Christopher Poulos
Gregory Christopher Poulos
  • Estate Planning Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: In Arizona, an inheritance is generally considered to be separate property when received. If that applies your father's inheritance did not become community property. Therefore your mother is not entitled to the inheritance. However, in Arizona, spouses have significant inheritance rights and usually have a right to at least partial inheritance. Arizona has a statutory homestead allowance that protects spousal inheritance rights. No matter what the trust states she is entitled to a minimum.

The executor needs to consult with an estate or probate attorney regarding this issue.

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