Frequently Asked Questions > Estate Planning and Divorce > My spouse and I already have wills. Do I need a new one?

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Texas law automatically nullifies a bequest to your former spouse in a will, if the will was made before the divorce, so that the property subject to the will would be distributed as though the former spouse had predeceased you.  You might need to change other things, however, such as the trustee of any trust created for your children, and the guardian of your minor children.  Of course, you may want to change your will prior to your divorce so that your soon-to-be ex-spouse won't benefit from it if you die before the divorce is final. Also, you may want to leave your property to someone other than the person who stands to take it under your current will, once you are divorced.

 

Last updated on January 6, 2011 by Glenn Karisch