What is the legal status of a divorced spouse in the settlement of an estate?

We married 29 years ago in NV and then moved to AZ a year later. Several years after that we had

Wills made by an estate planner. Then, 2 years ago, I had to move to AR due to health issues (I was unable to stay in higher altitudes). We were divorced last year and several months later he died. However, he did not change his Will and had not complied with the divorce terms. Do I have any claim on his estate?

Asked on October 23, 2017 under Estate Planning, Arkansas


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

Answered 3 years ago | Contributor

I am so sorry for your situation.  Each state generally has a law on the books that says that once you are divorced you need to re -do a Will leaving everything to your ex wife becuase your old Will as to her is void.  I am sure that the divorce agreement says it too.  But if he has not complied then perhaps you have a claim against the estate.  That would depend on the claims.  Go seek legal help. Good luck.

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