Does a former spouse or ex-wife receive anything under Will after divorce?
Full Question:
Does a former spouse or ex-wife receive anything under Will after divorce? I need to know the law on this for a divorce paper I am working on. If a married person does not change their Will after divorce are provisions for the former spouse still valid?
12/11/2016 |
Category: Wills and Es... ยป Divorce |
State: ALL |
#27929
Answer:
Some State laws provide that a divorce makes any provisions in a Will to a former spouse invalid or revoked. Other States allow the former spouse to receive under the Will of a deceased former Husband or Wife if the portion of the Will is not changed.
Some states treat the former spouse as having predeceased the former Husband or Wife after divorce for inheritance purposes. Others word it as if the divorce "revokes any disposition or appointment of property made by the will to the former spouse".
States which hold that the former spouse is not entitled to Inherit under the Will of his or her former Husband or Wife include:
Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin.
Additionally, some states with this presumption, such as Pennsylvania, offer a means for the divorced spouse to challenge the will and request a legal share.
Another question is what happens if the divorce is pending but not final and a Spouse dies. In California, the Court opinion of Bevelle v. Bank of America], 80 Cal. App. 2d 333 (1947) held that even if a divorce is pending the Will of a deceased spouse leaving property to a spouse remains valid. Intestate laws may also still apply.
Another question concerns property and insurance such as life insurance where the property was not addressed in the divorce and the former spouse was not removed as the beneficiary of a life insurance policy. Beware that if you do not change these things, the former spouse will more than likely be entitled to receive them if you die, including proceeds of a life insurance policy.
Still another question is what happens if the ex-spouse is named as Executor or Personal Representative of the Will of a deceased spouse.
What about nonprobate assets. Some State shave revocation of nonprobate assets upon divorce statutes. Alaska, Arizona, Colorado, Hawaii, Idaho, Minnesota, Montana, New Mexico, North Dakota, South Dakota, and Utah. Those have adopted the Uniform Probate Code. Other states, including California, Iowa, Missouri, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, Washington, and Wisconsin have similar laws.
In some States being separated or even filing for divorce has the same effect on the Wills of the parties as if they were divorced. However, most States hold that the Will is still valid until to divorce.
Statutes providing that provisions for a former spouse are invalid for each State are below.
Alabama Section 43-8-136, 137
Alaska Code Section 13.11.185
Arizona Section 14-2508
Arkansas Section 28-25-109
California Section 6122
Colorado
Connecticut
Delaware Section 12-209
District of Columbia
Florida Section 732.507
Georgia Section 53-2-76
Hawaii Section 560:2-508
Idaho
Illinois Section 755-5/4-7
Indiana Section 29-1-5-8
Iowa
Kansas Section 59-610, 611
Kentucky
Louisiana Section 394.092
Maine Section 2-508
Maryland Section 4-105
Massachusetts Chapter 191, Section 8, 9
Michigan Section 700.124
Minnesota Section 524.2-508
Mississippi
Missouri Section 474
Montana
Nebraska Uniform Probate Code 2-507
Nevada Section 133.115
New Hampshire
New Jersey Title 3B Chapter 3 Section 14
New Mexico Section 45-2-804
New York NY Law EPTL Section 5-1.4
North Carolina Section 31-5.4
North Dakota
Ohio Section 2107.33
Oklahoma Section 84-114
Oregon Section 112.315
Pennsylvania Section 20-2505, 2507
Rhode Island Section 33-5-9
South Carolina Section 62-2-507
South Dakota Section 29A-2-802)
Tennessee Section 32-1-102
Texas Probate Code Section 69
Utah Section 75-2-507, 508
Vermont
Virginia Section 64.1-5
Washington Section 11.12.050
Wisconsin Section 853.11
West Virginia Ch. 41, Art. 1, Section 6
Wyoming Section 2-6-118
