Legal Question in Wills and Trusts in Texas
Wills
I drew up a will 10 years ago but have since gotten divorced. My daughter is listed as my beneficiary on my health insurance and my 401k, but I'm wondering if my ex-husband could try to make claim to any of my estate if something happened before I changed my will.
1 Answer from Attorneys
Re: Wills
Without knowing what your will says, it is hard to answer directly whether your husband will take anything. Regardless, it is good to review and probably change your documents since you've gotten divorced. Generally gifts made via will and appointments in a will to and of an ex-spouse are usually void. However, again, since you've changed your family dynamic I would recommend you have someone review your documents. Also, I generally recommend you look over your documents every 3-5 years. Since it has been ten years that's all the more reason to have someone look at them and give a definitive answer to make sure there is not some language in the will that contradicts the general rule. Again, many attorneys will do an initial consultation for free.