QUESTION

After a divorce and death, is a will valid?

Asked on Jan 10th, 2014 on Divorce - Michigan
More details to this question:
My husband had a will, we divorced, then he died, is his will valid?
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10 ANSWERS

After a divorce if the will is not changed it is still valid, unless the termination agreement extinguished the ex wife's rights to take from her husband.
Answered on Jan 15th, 2014 at 3:30 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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If he didn't change his will after the divorce then it is still valid. Good luck.
Answered on Jan 14th, 2014 at 4:53 PM

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Bruce Provda
Usually a will loses validity upon divorce in most states. Speak with a local attorney.
Answered on Jan 14th, 2014 at 4:48 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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In Florida the will is valid, but if you are a divorced spouse the statute creates a fiction that you died first. Best to have attorney review document.
Answered on Jan 14th, 2014 at 4:32 PM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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Yes, unless he made a new one.
Answered on Jan 14th, 2014 at 4:31 PM

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Personal Injury Attorney serving San Antonio, TX at Law Offices of James P. Peterson
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His will is probably still valid, but if the will was made while you were still married to him, then any mention of you is no longer valid.
Answered on Jan 13th, 2014 at 11:29 PM

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It depends on what your Judgment says. Usually the judgment contains language that includes termination of right to inherit from one another.
Answered on Jan 13th, 2014 at 11:29 PM

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Unless your husband revoked or amended his will, it should be valid unless there is/are some errors in writing the Will initially.
Answered on Jan 13th, 2014 at 11:28 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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In Michigan, to the extent it leaves property to you, it is invalid if the will predates the judgment.
Answered on Jan 13th, 2014 at 11:27 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It is valid, but you were automatically cut out by statute in Idaho. It would be as if you predeceased him.
Answered on Jan 13th, 2014 at 11:27 PM

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