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When a will is offered for probate, it is offered as the last will of the testator (the person whose will it is), made at a time when the testator knew what he was doing and who was not being unduly influenced to ...
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Read more about why some wills are contested
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If you have an inheritance question including a dispute involving wills, trust, mismanaged estates or inheritance rights, you need to take action now. Each state has statutes of limitation that will prohibit you from taking any action if you wait too long.
It is important that you contact an attorney as soon as you suspect that there is a problem with an estate in which you have an interest. Even if you don't have a current interest but only a future interest it is necessary to contact an attorney now. If you wait, the estate may be dissipated and nothing will be left for you or your children.
Our consultation is free. Contact us now so that we can help you before it is too late. You can contact us here --> here.
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Texas law provides that all provisions in a will in favor of a former spouse “must be read as if the former spouse failed to survive the testator” and are null and void. Therefore, if you get divorced and don't change your will, you ex-wife will not inherit under your will even if you want her to inherit from you. You would have to make a new will after the divorce in order for her to inherit from you under your will. Of course, if you don't want her to inherit under the will, the law voids all provisions for her. To be safe, you need to change your will if there is a divorce. A recent case decided by the Texas Supreme Court, In re Estate of Nash, shows how expensive litigation can result if you don't change your will.
Nash's Will left everything to his wife, or if she predeceased him then to his stepdaughter. Nash and his wife later divorced, but he never changed his Will. Nash died and both his ex-wife and her daughter, Nash's step-daughter, survived him. A relative filed for probate seeking all of Nash's property for Nash's other heirs at law saying that the provisions in the will giving everything to his ex-wife and his ex-step-daughter were no longer valid. Since the will made no other provisions for the property, the relatives said that the property went to Nash's heirs at law (nieces and nephews, etc.). In contesting the probate, the ex-stepdaughter said that the property belonged to her arguing that Texas law treats the divorced wife as having predeceased Nash therefore the provision that if his wife predeceased him everything would go to the step-daughter came into effect.
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Read more about inheritance after divorce
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