My dad’s will

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My dad’s will

My father’s will States that his estate
be divided between my brother and his
wife and myself and my now exhusband.
My question is does my dad need to redo
his will or does the fact that I no
longer have a husband,null and void my
ex to receive anything? This would be
in the state of Iowa, if that matters.

Asked on July 25, 2017 under Estate Planning, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on how the will is written. Say your ex's name is "John Doe." If the will says that your father leaves something to John Doe, your ex still inherits because he is still John Doe and he was identified by name, not relationship. If the will says that he leaves something to "my daughter's husband" or "my daughter's husband, John Doe," then he should not inherit, since he is no longer your husband: he is not as identified in the will, and the will by its plain terms showed an intention for him to inherit due to the spousal relationship.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption