Legal Question in Wills and Trusts in Texas
Contesting will already in probate court
A will written while married then divorced. Will never rewritten what part is not valid and when can it be contested? Also how to write a will so even if divorced ex-spouse can inherit?
1 Answer from Attorneys
Re: Contesting will already in probate court
Under Texas law, the divorced spouse is considered as predeceased insofar as their taking under the will prepared during marriage. In other words, the divorced spouse cannot take under the will. If the ex is claiming under the will, all that has to be raised in court is the fact of the divorce. That's not truly a will contest.
If someone wants to make sure their ex inherits, they have to have a new will specifying the new relationship; i.e. "I want my ex-spouse [name]to have..."
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