Divorce and Death

Divorce and death are not things you often think about in conjunction with each other. Once your divorce is over, you and your ex can no longer automatically inherit from each other under Arizona’s probate law (if you have a will) or intestacy (a law that decides how assets are distributed if you have no will) should one of you die. If you and your spouse are legally separated, you are still legally married and still have the right to inherit from each through intestate succession.

If you and your spouse are still legally married and you have wills that name each other and one of you dies, that last will and testament is valid. It is important that you speak to your attorney about your will while you are going through the divorce process and determine if you should write a new one while your divorce is in progress. You should always have a new will created once your divorce is final so that you can choose new beneficiaries and executors, if your ex was your executor.

The Sampair Group offers more than 80 combined years of experience. Our Maricopa County divorce and family law attorneys are prepared to represent you in your case. Make an appointment with us today.