Legal Question in Wills and Trusts in Indiana
Wills
My husband has a will that leaves everything to his ex wife (he never updated it when we got married in 2003). If she dies at the same time he does then their 5 children divide the estate. Would his will really leave everything to her if he died or would I get everything since we are now married? What happens now if he never changes that will since they are divorced? Also would I being his new wife be better off with the will he has now (if he never updates it) or no will at all as he has threatened to burn the only copy. His ex is a lawyer that drew up the will and since she divorced him he hates her with a passion.
1 Answer from Attorneys
Re: Wills
You ask many questions. Indiana statutes provide that on divorce wills leaving anything to a spounse are null. He should draw up a new will, however, for clarity and to help everyone out on his death.