Is the last will and testament still legal even after a divorce? How? 18 Answers as of August 25, 2015

Is the last will and testament still legal even after a divorce?

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Law Office of Pamela Braynon | Pamela Y. Braynon
It is. However you can always write another will after the divorce and let someone know where it is and that Will will rule. The last will is the one that takes precedence.
Answer Applies to: Florida
Replied: 8/24/2015
Wellerstein Law Group, P.C.
Wellerstein Law Group, P.C. | Elisha Wellerstein
Yes a will is still valid after a divorce. The only part of the will that will not be followed by the court would be a provision stating that your spouse receives anything. After a divorce, for the purposes of the Will, the divorced spouse is considered to have predeceased you.
Answer Applies to: New York
Replied: 8/19/2015
Ronald K. Nims LLC | Ronald K. Nims
Ohio law treats a divorced spouse named in a will executed before the divorce as being already dead.
Answer Applies to: Ohio
Replied: 8/19/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Yes except as to the transfers to the ex-spouse.
Answer Applies to: Michigan
Replied: 8/19/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
That would be a yes.
Answer Applies to: New York
Replied: 8/25/2015
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    The Last Will is still valid, but Kentucky statute says that the surviving ex-spouse is treated as if he/she had predeceased the spouse who actually died.
    Answer Applies to: Kentucky
    Replied: 8/18/2015
    Law Offices of George H. Shers | George H. Shers
    Sure, it is binding until the person who made it dies. ?If he states that his money goes to Betty Smith, as opposed "to my wife", then it goes to Betty whether they are still married or not.
    Answer Applies to: California
    Replied: 8/18/2015
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    In Michigan, that part, if any, giving anything to the former spouse is invalid. Otherwise, it remains intact.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    A will should be updated after any life changing event such as birth, death, marriage and divorce. If the will is not updated to reflect a divorce, the ex-spouse may still inherit according to the terms of the will.
    Answer Applies to: California
    Replied: 8/18/2015
    Law Office of Darin Kanfer | Darin J. Kanfer
    It is likely not valid but you should still make a new one.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    The Krone Law Firm, LLC | Norman B. Krone
    Yes. The Will has continuing validity.
    Answer Applies to: Florida
    Replied: 8/18/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It depends. More details are needed.
    Answer Applies to: Nevada
    Replied: 8/18/2015
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, yes one's valid last will and testament remains valid after a divorce; however, certain provisions relating to the ex-spouse may be invalidated by the divorce.
    Answer Applies to: Maryland
    Replied: 8/18/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes, the will is still legal after a divorce. A few states require that an ex-spouse be eliminated from all bequests and inheritances made in the will. But generally, division of the assets is made according to the terms of the will. It is up to the testator to change the will when he or she gets divorced.
    Answer Applies to: Nebraska
    Replied: 8/18/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Divorce revokes those terms of a will in favor of the (ex-) spouse, including any nomination or him or her as personal representative. The effect of the will after the divorce is as if the (ex-) spouse pre-deceased the testator.
    Answer Applies to: Oregon
    Replied: 8/18/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    After a divorce is final it is best to create a new Will and avoid any issues with the ex-spouse. Normally a Will cannot be revoked in part except that if there has been a dissolution of marriage or a declaration of invalidity of the marriage of the testator then every legacy or power of appointment given to or nomination to fiduciary office of the testator's former spouse in a Will executed before the entry of the judgment of dissolution of marriage or declaration of invalidity of marriage and the Will takes effect in the same manner as if the former spouse had died before the testator.
    Answer Applies to: Illinois
    Replied: 8/18/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Depends on how and when the document is prepared. The safest course is to obtain the preparation of a new Will.
    Answer Applies to: California
    Replied: 8/18/2015
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