By Kent Berk on June 30th, 2025 in Estate Litigation, Probate, PROBATE LITIGATION, WILL CONSTRUCTION, WILL VALIDITY
Dusty Rhodes, WWE’s American Dream, was a beloved wrestling icon. But after his passing in 2015, his family was thrown into an emotionally charged probate dispute. The centerpiece? His WWE Hall of Fame ring and other treasured memorabilia. In one corner was his second wife, Michelle Rubio, claiming those items were hers. In the other: Dustin and Cody Rhodes, Dusty’s children, arguing those pieces were meant to stay with them as part of their father’s legacy. The dispute eventually settled privately—but it echoes a truth we see regularly: blended family probate disputes are common, especially in Arizona.
At Berk Law Group, we’ve represented many Arizona families in these exact kinds of fights. While the details change, the emotions and legal challenges often look the same.
Arizona Probate 101: What Goes Where?
Arizona is a community property state. Under A.R.S. § 25-211, most property acquired during marriage belongs equally to both spouses. That includes wages, shared bank accounts, and property purchased with joint funds. But not everything becomes community property.
Arizona law treats personal gifts, awards, and property owned before marriage as “separate property” under A.R.S. § 25-213. That means a WWE Hall of Fame ring awarded to Dusty, even during his marriage, could be his separate property—unless it was compensation for service rendered during marriage or he intentionally gifted it to Michelle.
And here’s the key Arizona twist: if a married person dies without a will and has children from another relationship (as Dusty did), Arizona’s intestate succession laws (A.R.S. § 14-2102) require that half of the separate property go to the children, and the other half to the surviving spouse. So Michelle may have had a legal right to some of Dusty’s memorabilia—but not necessarily all of it.
If Dusty had no written plan specifying who should receive his personal items, Arizona law would treat those items like any other estate asset—subject to division, appraisal, or sale.
Sentimental Value vs. Legal Value
Let’s be honest—no one wants to argue over a loved one’s belongings. But in probate, emotions often collide with legal reality. A Hall of Fame ring or wrestling belt might have sentimental value to the Rhodes family but is treated as personal property under Arizona law.
In probate, a Personal Representative (PR)—Arizona’s term for an executor—is required under to inventory the estate and fairly distribute property. If one heir (like Michelle) withholds items or fails to disclose their existence, other heirs (like Dusty’s children) may petition the court to compel an inventory or see the removal of the PR.
These fights don’t just happen in celebrity families. In Arizona, they happen every day when there’s no clear will, unclear titles, or mistrust among heirs.
Could This Fight Have Been Avoided?
Absolutely—and here’s how, based on Arizona law:
1. A Valid Will or Trust
Had Dusty executed a clear Arizona will under or better yet, a revocable living trust, he could have clearly assigned specific items—like his ring or memorabilia—to whichever heirs he chose. Arizona probate courts honor written instructions as long as they comply with the statute.
2. A Personal Property Memorandum
Arizona allows testators to include a separate, handwritten or typed memorandum identifying who gets specific personal property items, such as jewelry, collectibles, and artwork. This memo can be updated without redoing the whole will.
3. Community Property Agreements or Marital Agreements
Married couples in Arizona can define what is and isn’t community property through a Community Property Agreement or a Prenuptial Agreement. If Dusty and Michelle had such a document, it might have clarified ownership of memorabilia or intellectual property (like image rights).
4. Proper Titling and Inventory
Under Arizona law, failing to properly title assets or include them in a probate inventory can create grounds for litigation. If Dusty kept sole ownership and didn’t list Michelle as a co-owner on certain assets, they would have passed through probate—not directly to her.
The Arizona Probate Court’s Role
If Dusty’s estate had gone to probate in Arizona, the court would have evaluated:
- Whether a valid will or trust existed.
- What property was separate vs. community.
- Whether the PR was acting properly.
- The value of disputed assets (e.g., rings, belts, memorabilia).
- Whether any heir was entitled to a homestead allowance, exempt property, or family allowance.
If no agreement could be reached, the court could have ordered appraisals or even the sale of specific items to distribute their value among heirs.
Takeaways for Arizona Families
Dusty’s story may have unfolded under the bright lights of fame, but the legal issues are universal. Arizona families can protect themselves from similar disputes by:
- Creating a will or trust now, especially in second marriages.
- Using a Personal Property Memo to assign cherished items.
- Clarifying property ownership with proper titling and documentation.
- Talking with an experienced probate attorney before tensions erupt.
We’re in Your Corner
At Berk Law Group, we don’t just understand Arizona probate law—we live it every day. If your loved one’s estate is in dispute, or if you want to avoid one entirely, our team is here to help. We know the law, we know the system, and we know how to protect what matters most—your family and your peace of mind. Let’s keep your legacy out of court and in the hands of those you trust.
