Q: My will names my spouse as beneficiary but we have since been divorced. Will a judge award her the property if I die?
My will states "If my spouse survives me, I give my remaining tangible property to my spouse". We have since been divorced. Will she still be the beneficiary or will it pass to my kids?
A:
While I believe there is a presumption that a will favoring a spouse is invalidated by a divorce, and, if your actual will says "my spouse", rather than including her name, then the grant probably fails anyway. You have no spouse. But, it is foolish to rely on that. After a divorce, you should pay a lawyer to re-draft your will. If the will was written by someone local, it is probably still on their computer. The fix will be inexpensive. If the will is old or way out of date, it still isn't a very hard task. The profitable probate work is paying for the litigation to resolve who owns your tangible personal property.
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