Legal Question in Wills and Trusts in Oklahoma

My husband has a will that was made during his first marriage, leaving everything to his then-wife or in the event of her death, his children. They divorced and both remarried. Eight years later his ex-wife died. He says that because she is dead the will is void. Is that will still valid, leaving everything to his children? He and I have been married for 12 years.

Asked on 6/05/14, 8:22 am

1 Answer from Attorneys

Kurt Kennedy Kurt M. Kennedy,Attorney at Law

The death of a named beneficiary in a will does not void the will. The will is still valid. I would need to know the exact language of the will to know what effect his ex-wife's death will have on the distribution provisions.

In light of his divorce and remarriage, you husband should have his estate plan reviewed by his attorney.

Read more
Answered on 6/05/14, 12:09 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Oklahoma