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The divorce decree should over-ride the will, but the actual answer may depend on the language in the divorce agreement, the will and state law. Youre best off having the matter double checked by your matrimonial attorney.
To contest a will, evidence may be needed to prove the will is invalid due to factors such as the testators mental capacity, undue influence, or fraud. This can include medical records, witness testimonies, and documentation demonstrating the testators state of mind at the time the will was executed.
Beneficiary Designation Takes Precedence Over A Will.
ing to Oregons laws of intestate succession (when someone dies without a Will or Living Trust), the spouse inherits 50% of the decedents Estate, while the decedents children (from someone other than the current spouse) inherit the other 50%.
If youre going through or have recently gone through a divorce, you might be wondering: Does divorce revoke a will? The short answer is noyour will remains valid. However, divorce does impact your will in significant ways, particularly regarding provisions for your ex-spouse.
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Assets that may be protected from equitable distribution during a divorce are typically belong to one of two types: premarital property that has been kept from being commingled or transitioned and gifts or inheritances.
Wills After Divorce Californias estate law does provide some protections regarding the effect of wills after a divorce. Under California law, your former spouse will be treated as if your ex predeceased you, while your ex will be prohibited from serving as the executor of your estate even if named in your Will.

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