Legal Last Will and Testament Form for Divorced Person not Remarried with Minor Children - Texas 2025

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Texas law provides that all provisions in a will in favor of a former spouse must be read as if the former spouse failed to survive the testator and are null and void. Therefore, if you get divorced and dont change your will, you ex-wife will not inherit under your will even if you want her to inherit from you.
Understanding the Law Information on how divorce can affect key components of your estate plan. A divorce in Texas does NOT invalidate a will executed prior to the divorce but does invalidate bequests to the former spouse thereby changing the estate plan.
Does divorce revoke a will ? When a marriage ends in divorce, any references to your ex-spouse in your will are automatically voided. This means your ex-partner will no longer inherit from your estate or serve as an Executor, unless explicitly stated otherwise.
Stepchildren Do Not Inherit in Texas Unless They Are Named as Heirs. Heres the beauty of creating a custom Estate Plan: you can do exactly what you want with your house, possessions, heirlooms, and money. There are no laws telling you who can and cannot inherit from your estate.
Beneficiary designations of an ex-spouse after a divorce are considered valid, and the ex-spouse will receive the benefits. If your divorce decree states you must name a specific person as your retirement and/or life insurance beneficiary, you must complete new beneficiary forms.
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Key takeaways for a Texas last will and testament Texas recognizes holographic wills, which are entirely handwritten by the testator and do not require witness signatures, and for a will to be valid, the testator must be at least 18 years old and of sound mind. Texas does not impose estate or inheritance taxes.
The Texas divorce decree wont invalidate the will, but it will invalidate anything youve left to a former spouse, as well as a relative by treating them as previously deceased. This effectively changes the estate plan from the original and cancels out anything they would receive.

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