Lubbock, TX asked in Estate Planning and Probate for Texas

Q: I Remarried my ex-wife. Does the will we had from our first marriage remain in effect ?

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1 Lawyer Answer
Scott D Reiner
Scott D Reiner
  • Probate Lawyer
  • Houston, TX
  • Licensed in Texas

A: The effect divorce has on an existing will is to read the spouse out of the will. There may be some ambiguity though as, while the law provides for reading-out, it also provides for reading-in in the event of a marriage after an existing will (e.g. unless new will made after marriage that excludes current spouse, then current spouse can inherit by law). It would probably be best to clear it up via a codicil or new will, but it is likely that your spouse will inherit something due to law in event will ineffective

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