Legal Last Will and Testament Form for Divorced and Remarried Person with Mine, Yours and Ours Children - New Mexico 2025

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Your last will and testament After divorce, the best way to revise a will is to execute a new will, and revoke your old will. If you made a will before getting divorced, the law in most states provides that any gift made to your spouse is automatically revoked by the divorce.
Wills Even though divorce disqualifies an ex-spouse from becoming a beneficiary of the estate, you can update your will after remarriage to add your new spouse as a beneficiary or name them to serve as the estates personal representative (executor).
Typically a divorce settlement will void any will written previous to the settlement. This is to prevent an ex-spouse from inheriting when there is a new spouse involved.
Ie if a person already has a will in existence before they legally marry their beloved, the pre-marriage will is automatically revoked once the marriage takes place. If an individual does not subsequently make another will after they marry and before they die, then legally they are regarded as having died intestate.
Getting married does not automatically void, invalidate, or revoke your current will. Your will is still considered valid after you get married. Although your current will is valid and it does not provide for your spouse, your spouse still has rights to your assets at your death.
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While getting remarried may not completely invalidate your will, it may create unintended consequences for your intended beneficiaries. Updating your will after a second marriage can have unique challenges since second marriages often create blended families.
Why Do I Need a Will if I Have the Right of Survivorship? Both spouses need to have a Will because even though the surviving spouse will become the outright owner of the property, they will need a Will to direct its disposition after their death.

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