Legal Question in Wills and Trusts in Texas

Re: Probating a Will

Divorce typically results in a revocation of any bequest or legacy left to the former spouse. The will needs to be probated to pay the med bills and the bequest or legacies left to the beneficiaries. If you have any additional questions, feel free to contact me.

Re: Probating a Will

If your dad lived in Texas, his ex would be considered as if she predeceased him as to the terms of the will. Not sure what the situation would be in Michigan.

The original of the will needs to be probated in order to gather the estate and start paying off the debts. If the will doesn't name an alternate executor, the children will have to decide who they want to administer the estate, and ask the judge to appoint that person administrator of the estate when they probate the will.

Re: Probating a Will

Section 69 of the Texas Probate Code provides that if the testator is divorced after making a will, the will is to be read as if the former spouse predeceased the testator and all provisions of the will in favor of the former spouse or appointing the former spouse to any fiduciary role (i.e., executor) are void.

Re: Probating a Will

Presuming that the will can be probated in Texas, if your dad was divorced after making his will, then the will is treated as if his ex-wife had died before him. In other words, all provisions as to his ex-wife are void, but the rest of the will still stands. Therefore, you should see an attorney about petitioning the court to appoint you or another qualified person as executor. By the way, the considerations for probating the will in Texas include whether your dad was living in Texas at the time of his death or owned property in Texas at the time of his death.