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Will My Ex Inherit My Estate If I Die Before Changing My Will?

Posted by Chris Peterson | Nov 25, 2013 | 0 Comments

Will My Ex Inherit My Estate If I Die Before Changing My Will?

couple divorceThe short answer to this question is probably not. If you executed your will while you were married and subsequently got a divorce, gifts in your will to your ex-spouse are considered void, along with any appointment as executor or trustee. Void gifts are treated as lapsed bequests, and the property will be distributed according to the back-up terms in your will.

Revising your will

Of course, the safest thing is to discuss revising your will with an experienced estate planning attorney as soon as possible after any significant life event, such as marriage, divorce, the death of a spouse, or the birth or death of a child. You can make revisions to a will by executing an amendment, or codicil, to modify certain terms in the existing will. Alternatively, you can revoke the existing will altogether and execute a new one.

If you decide you need to make changes to your will, making handwritten changes on the face of your original will is not recommended. Doing so could inadvertently revoke your will, and even if the altered will is admitted to probate in the future, it is unlikely your handwritten changes would be considered valid.

At Peterson Law Group, we provide comprehensive estate planning services, including will revisions, and assist heirs in probate administration and litigation. Make an appointment to discuss your circumstances with an experienced Bryan, Texas estate planning attorney today at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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