If I was divorced about 1 1/2 years ago but my husband never changed his Will before he died, does the Will still stand?

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If I was divorced about 1 1/2 years ago but my husband never changed his Will before he died, does the Will still stand?

He died left me all tangible and personal property.

Asked on July 8, 2015 under Estate Planning, Tennessee

Answers:

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

Answered 5 years ago | Contributor

I am so sorry for your loss.  Most states have laws the prevent ex-spouses from collecting under inaccurate Wills. Tennesse is no exception to this rule.  See below. 

If a will is executed by a testator and then the testator becomes subsequently divorced or the marriage is annulled then that event revokes any benefits for the former spouse under the will.  T.C.A. § 32-1-202(a) provides as follows:

 

(a) If after executing a will the testator is divorced or the testator's marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise. 


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