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Intestate Community Property Questions

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LacrosseMom

Junior Member
What is the name of your state? Arizona

My FatherInLaw (FIL) recently passed away in Arizona, apparently intestate.

My FIL had several bank accounts held in 'his name only.'

But, my FIL also had several bank accounts where both his name and my MILs name were listed. These were the accounts - 'she' paid the family bills from and wrote checks.

It it safe to assume that all bank accounts with both husband and wife listed are held joint tenant with right of survivorship? If so, can she continue to use these funds as she sees fit. My MIL believes that the bank accounts with 'her' name on them are her money and she can do with them what she likes.

I'm concerned that they may be part of the 'community property' and therefore subject to probate and distribution (in part) to the children from his other mairrage.

Also - Along the same lines, it is safe to assume that the surviving spouse get to keep all the 'stuff' in the house - or does it have to be inventoried and divied up while she's still alive?
 



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