What happens if an ex-spouse is still listed in a Will?

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What happens if an ex-spouse is still listed in a Will?

My parents recently divorced after 50 years. I found her Will and it states: I hereby give, devise and bequeath the rest and residue of my property to my beloved husband, (my fathers name) to have and to hold as his property absolutely. Does this mean he gets back everything she won in their divorce or is the Will null and void?

Asked on February 7, 2012 under Estate Planning, Alabama

Answers:

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

Answered 9 years ago | Contributor

No, it does not.  The law recognizes that parties may forget to make certain changes after a divorce such as a Will or the beneficiary on a life insurance policy.  And think about it: he is not legally her husband now and clearly the Will gives him the belongings because of that status.  Sounds like Mom is still alive and kicking here.  Good time for her to make a new Will. Good luck.


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