Legal Question in Wills and Trusts in Texas

wills

my husband and i were divorced but he never changed the will and has since died. Do i have any rights or claims to his estate, specifically the home we shared?


Asked on 1/03/08, 5:05 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: wills

Pre-divorce wills are void at time of divorce. He has died as though he died without a will and his estate will be passed as such.

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Answered on 1/03/08, 5:23 pm
Kathryn Perales PMI Oil Tools

Re: wills

If your ex-husband died in 1997 or later, and his will was signed before the divorce was final, then any bequest in his will to you is void under the Texas Probate Code, unless there is special language in the will showing that he intended you to inherit even if you were divorced from him.

The only claims you have would be under your divorce decree. If he still owed you money or property at the time of his death, then you should file a claim in his estate as a creditor.

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Answered on 1/03/08, 5:27 pm


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