If I have both a Will and a trust and my husband is co-trustee, since we are divorcing and I change my Will to exclude my husband will the court honor it?

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If I have both a Will and a trust and my husband is co-trustee, since we are divorcing and I change my Will to exclude my husband will the court honor it?

Will the court honor it over the trust?

Asked on September 3, 2012 under Estate Planning, Arkansas

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

What happens to your life planning documents upon divorce depends in part on state law.  Florida provides that certain inheritance expires upon divorce, even in a will. 

I would suggest that you change your will and create a new trust.  The new will replaces the old will and the courts will honor the new will.  However, state laws give certain rights to spouses that apply no matter what a will says.  So long as you are married, your husband may be able to exercise those rights.  Your divorce lawyer can advise you on this.

If you have assets in the trust, you should make sure those assets are divided in the divorce case.


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