Legal Question in Wills and Trusts in Oklahoma
My husband has a will that was made during his first marriage, leaving everything to his then-wife or in the event of her death, his children. They divorced and both remarried. Eight years later his ex-wife died. He says that because she is dead the will is void. Is that will still valid, leaving everything to his children? He and I have been married for 12 years.
Asked on 6/05/14, 8:22 am
1 Answer from Attorneys
Kurt Kennedy
Kurt M. Kennedy,Attorney at Law
The death of a named beneficiary in a will does not void the will. The will is still valid. I would need to know the exact language of the will to know what effect his ex-wife's death will have on the distribution provisions.
In light of his divorce and remarriage, you husband should have his estate plan reviewed by his attorney.
Answered on 6/05/14, 12:09 pm
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