Laws in mississippi

My ex husband just recently passed away
I have learned that he did not revise
his last will and testament leaving me
the sole benificary of his estate but
he had remarried what are the laws in
mississippi on that issue?

Asked on March 23, 2016 under Estate Planning, Mississippi


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Although a divorce typically does not automatically change a beneficiary designation with respect to a retirement account or a life insurance policy, divorce may alter the terms of a Will. The law recognizes that post-divorce, most people do not want to leave their former spouse their assets, accordingly in many states a divorce will effectively revoke any disposition of property made in the Will to a former spouse. Accordingly, without a provision to the contrary, any property designated in Will that is supposed to pass to a former spouse will pass instead as if the former spouse failed to survive the maker of the Will. However, the law varies from-state-to-stae. At this point, you should consult directly with an attoreny who specializes in probate matters.
Also, here is a site that will explain further:

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