if i remarry and the future husband had a first wife is she entitled to his assets if he dies

UPDATED: Sep 30, 2022

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if i remarry and the future husband had a first wife is she entitled to his assets if he dies

if I remarry and my soon to be husband has a first wife who thinks that she is entitled to his assets after he dies

Asked on April 4, 2016 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your husband leaves a will, then the will controls who gets what regardless of whether the spouses are still married.  A divorce action does not affect gifts made via a will.  If a person no longer wants their ex to receive a gift via their will, then they must execute a new will. 
If your husband does not leave a will, then his estate will be divided by statute between any of his children and his current spouse.  Former spouses are not included in this division of the estate.

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