Legal Question in Wills and Trusts in Texas
2nd wife's rights with no will
1. Husband has will 15 years old.
2. Since then he divorced 1st wife
3. Married me, 2nd wife, 13 years ago
4. We have no will
5. Is previous will still valid
6. What are my rights?
2 Answers from Attorneys
Re: 2nd wife's rights with no will
1st will became invalid at time of divorce. If he dies without a will, the assets will be distributed according to the laws of intestate succession.
Re: 2nd wife's rights with no will
His 15 year old will is still a valid will, except all references to the ex-wife are read as if she predeceased him, and are void. You would take under the laws of intestacy since you are not mentioned in the will. That means you get your one-half community interest plus a life estate in real estate.
Both you and your husband should have new wills prepared, then shred the old one.
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