Legal Question in Family Law in Iowa
Wills
If you divorce and remarry, is the will with your ex still valid?
My husband has a will from his first marriage that has never been voided or changed.He beleives divorcing voids it out. If he should die, would that will still be valid and could his ex take claim to any of the assets that I had previously before we married, claiming they were his because we are married? Would that will oversee the new beneficiary changes in his 401k plan? If that will is still active, what is the procedure to void it out without making out a new will. How do I protect myself and my assests, if he won't make changes? Obviously a prenup is too late. Worried.
7 hours ago - 3 days left to answer.
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1 Answer from Attorneys
Re: Wills
The previously existing will is valid so long as it is not revoked or modified, and if there are changes to be made he is the one that has to do it. A divorce has no effect on the will. Whatever you owned before the marriage is still yours and it is not considered marital property.
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