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Kalish Law Texas

Divorce, Probate, Business Law- The Woodlands Kalish Law

(281) 363-3700
(281) 363-3700
  • Practice Areas
    • Family Law
    • Divorce
    • Divorcio
    • Adoption: International and Domestic
    • Collaborative Divorce
    • Wills, Estate Planning and Probate Law
    • Business Law
    • Legal Services for Health Care Professionals
    • Real Estate Law
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  • Mediation
  • Our Team
    • Bob Kalish
    • Sio Ramirez Pitre
    • Laura Kalish
    • Samantha Malfitano
  • Legal Blog
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You are here: Home / Legal Blog / Newly Divorced? It is Time to Review and Update your Will!

Newly Divorced? It is Time to Review and Update your Will!

April 25, 2019 By Kalish Law Office

Did you know that if you got a divorce that some provisions of your will or trust may be ignored? It is true. Texas Estates Code Section 123.001 provides that the provisions related to your former spouse inheriting or acting as a fiduciary are treated as if your former spouse predeceased you (unless your will provides otherwise). This also applies to relatives of your former spouse.
What this means:

  • If your former spouse is a beneficiary, those bequests will be invalidated;
  • If your former spouse was named as your trustee or executor, that will no longer apply;
  • If a relative of your former spouse (say, his/her sibling) that is not your relative was named as beneficiary, executor or trustee, or an alternate, that will no longer apply;
  • If you still would like your former spouse or one of their relatives to inherit or act as a fiduciary, even in the event of your divorce, you would have needed to have specific language stating so.
  • Relying on an old, outdated will leaves “gaps” in your plan. For Example: If your will states that your spouse was to be named Executor or Trustee and his/her sibling was your alternate, you may be left with no one appointed to that position once you divorce. And bequests can be left to alternate beneficiaries in a way that you did not intend.
  • Divorcing changes your financial picture and your relationships. You should always thoroughly review your will both during and after a divorce.
  • Having a will in place with a lot of invalidated and outdated provisions affects the clarity of your document. It creates questions for the probate judge and the beneficiaries.
  • Make sure that you always have a clear, accurate, properly written and executed Texas will and that any trust documents or provisions are clear and up-to-date as well!

Make sure that you review your will after a divorce. Our family law and estate planning attorneys are here to help!

We have an attorney and team members who are fluent in Spanish for those of our clients who prefer conversing in Spanish.

“Passionate, Professional and Personal. We Make the Difference.” Kalish Law Office has been serving businesses and families since 1984.

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Filed Under: Legal Blog Tagged With: invalid will, is my will valid after my divorce, revise will, Texas divorce law, The Woodlands Texas wills and trusts lawyer

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3 Grogan’s Park Dr., Ste. 200
The Woodlands, TX 77380

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Kalish Law Texas

3 Grogan's Park Dr.
Ste. 200
The Woodlands, Texas 77380
Phone: 281-363-3700

Se habla español

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