Legal Question in Wills and Trusts in Texas
In aquisition of property which document has more power, a Will or a Divorce Dec
If property was left to children in a divorce decree many years ago, and a Will was also made years after the divorce stating that the property would belong to the children in the event of the parent's death, which document holds more weight. Does the Will cancel out the divorce decree? In escence, does the divorce decree give the property to the children or does the Will have to be probated to gain possession?
1 Answer from Attorneys
Re: In aquisition of property which document has more power, a Will or a Divorce
If the property had already been delivered under the terms of the divorce decree, then the will would be surplusage. But if the property was not delivered to the children, then the will needs to be probated in order to have the authority to make the transfer. From your question, it appears that the owner of the property did not make the transfer as ordered under the terms of the divorce decree. Now that he's dead, the decree is unenforceable, since he was the one ordered to make the transfer. The will would need to be probated.
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