Dallas Probate Attorney: CAN MY SPOUSE STILL TAKE UNDER MY WILL IF WE GET DIVORCED?

Posted on | September 3, 2011 | No Comments

No. Texas law provides that any and all provisions in a will with regards to a former spouse are null and void. Specifically, Texas courts have held that the provisions in favor of a former spouse “must be read as if the former spouse failed to survive the testator.”

It is still important to update your will after going through a divorce. Most importantly because your current plan for disposition may not mirror the plan you originally had when you drafted the will prior to divorce. For example, you may choose to leave more to your children or your siblings now. Additionally, under the old will, you may have had your former spouse be the trustee of your children’s trust. After a divorce, you may want to change who controls the funds for your children in the case something happens to you.

If you have questions about how your divorce will affect your estate plan, please contact the Wright Firm, LLP and we will be happy to advise you about your rights at 972-353-4600 or visit our website at www.thewrightlawyers.com.

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