Legal Question in Wills and Trusts in Texas
My ex-spouse died and only had will from our marriage. Since he remarried but did not do a new will, is old will valid or void?
Asked on 9/02/10, 7:08 pm
1 Answer from Attorneys
It's still valid, however, it would be changed by operation of law, and the new spouse has the option of a "widow's election." In most cases, the ex-spouse would be treated as though s/he predeceased the decedent. The alternate or residuary provisions would then come into play.
Answered on 9/07/10, 7:32 pm
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