Legal Question in Wills and Trusts in Texas

Step father's will with former wife

My step father had a will with his first wife. She passed away. He married my mother. They never had a will made. He recently passed away. Is the will made with is first wife null and void?


Asked on 11/06/07, 3:52 am

2 Answers from Attorneys

Re: Step father's will with former wife

The divorce does not necessarily void the will, but bequests to the spouse are treated as though the spouse died first. Are there children of the first or second marriage? If so, do they get along? The path of least resistance may be to come to an agreement on how to split the property. If not, the second wife can do a "widow's election" As you can see, this is a complex situation. Contact a few attorneys and discuss your options. Many lawyers (myself included) will meet with you for a free initial consult.

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Answered on 11/11/07, 5:19 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Step father's will with former wife

The will would have been void had he and wife #1 divorced. Your mother is entitled to her community property, any survivorship accounts, and insurance if she is a beneficiary. Plus she is entitled to a certain share of his estate as a surviving spouse and a life estate in the house if it was his separate property. Contact a lawyer.

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Answered on 11/06/07, 2:21 pm


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