Legal Question in Wills and Trusts in Texas
In 1979 my husband and I drew up a legal documented will when our daughter was 12 months old. Typical wording, except if we both die at the same time, mother-in-law is the guarentor until said child reaches 21st birthday. Then all property goes to child.
We have since divorced. Would like to know how the will will be divided. We had a second daughter two years after this particular will and no other will had been created to replace the original. He did not remarry.
Does the property go to the mother of my ex or to his two daughters? No other children involved.
2 Answers from Attorneys
Upon divorce, the ex-spouse is treated as though he/she predeceased the person creating the will. There are also provisions in the probate code for children born after a will is created, so if there is no new will statin otherwise, property should go to children.
Is he dead? Why not simply execute a new will?
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