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?
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).