Legal Question in Wills and Trusts in Pennsylvania

if you are listed on a pa will as an executrix, after the divorce if no new will has been created, are you still the executrix?


Asked on 2/14/11, 9:12 am

1 Answer from Attorneys

It depends. First, I would have to see the will. Second, are you also the spouse of the deceased?

Generally, divorce revokes all provisions in favor of a spouse. So, if you are the wife of the deceased and you got a divorce before his death, you are not the executrix, UNLESS the will provided otherwise that it would survive divorce.

See 20 Pa.C.S.A. � 2507 Modification by circumstances

Wills shall be modified upon the occurrence of any of the following circumstances, among others: ...

(2) Divorce or pending divorce.-- Any provision in a testator's will in favor of or relating to the testator's spouse shall become ineffective for all purposes unless it appears from the will that the provision was intended to survive a divorce, if the testator:

(i) is divorced from such spouse after making the will; or

(ii) dies domiciled in this Commonwealth during the course of divorce proceedings, no decree of divorce has been entered pursuant to 23 Pa.C.S. � 3323 (relating to decree of court) and grounds have been established as provided in 23 Pa.C.S. � 3323(g).

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Answered on 2/15/11, 7:30 pm


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