Legal Question in Wills and Trusts in Texas

Re: Wills

Hello. Thanks for your question.

Once the divorce is final, gifts to an ex-spouse in a will are no longer valid unless the will specifically says the gifts should be valid, even in the event of divorce. An ex-spouse can inherit, but the intent to provide for the ex-spouse must be clearly stated in the will.

A will is not completely thrown out just because gifts to an ex-spouse are no longer valid. If the will doesn�t specify who will inherit instead of the ex-spouse, the property left to the ex-spouse might go to the person named in the will as getting everything left over.

Since, this might not be what you want, it�s always a good idea to rewrite your will after the divorce so that you can make sure your property goes where you want it to go.

The rule about invalidating gifts to ex-spouses doesn�t apply to trusts, insurance policies, retirement plans, or instruments like living wills. All of these must be changed to exclude the ex-spouse if that�s desired. Because many people use living trusts instead of wills to transfer the bulk of their property at death to avoid the delays and costs of probate, it�s very important to remember to change living trusts after a divorce.

My firm offers a will package for individuals or couple for very reasonable flat rates. Please contact me if you would be interested in learning more or possibly hire me as your attorney. www.nemeclaw.com