If a husband and wife have a Will and then get divorced, what happens if the wife does not get a new Will and then dies.

Ex-husband is probably not eligible for anything, but do the two children split the estate if that is what was in the original Will?

Asked on August 12, 2012 under Estate Planning, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss. Your state law will be what will determine how the beneficiaries inherit.  What is likely to happen is that the Probate court will admit the Will to probate but consider the ex to have pre deceased the wife for inheritance purposes.  But check with an attorney in your area.  Good luck.

 

 


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