If you have been divorced, and you haven’t made a new Texas will since, it’s a good idea to take care of that as soon as possible. It’s likely that some of your wishes have changed and that you’d like to see your ex-spouse’s name removed from your documents.
But what would happen if you passed away before you had the chance to remove your ex-spouse from your will? I recently handled a case where this was precisely the situation. Mom had recently passed. She had remarried to step-dad some years ago, and had her will created during their marriage, leaving everything to step-dad and naming him as the Executor. Mom and step-dad later divorced, and Mom didn’t change her will before she passed. Does step-dad still get all of mom’s assets and get to serve as Executor of her estate? The answer is no. Under Section 123.001 of the Texas Estates Code, the ex-spouse is treated as if they had predeceased Mom. The alternate executor and alternate beneficiaries named in Mom’s will are entitled to her estate, and step-dad is essentially ignored. Whew! What a relief for the family. Note, however, that this only pertains to Mom’s Texas probate estate. It does not apply to any beneficiary designations that mom made on her life insurance policies, retirement accounts, and the like. If step-dad is still listed as a beneficiary, unfortunately he takes.
It’s important to review your estate plan after a big life change. Even though there are thankfully some safeguards in Texas Probate Law, they sometimes do not save 100% of the estate from unintended results. Moreover, you likely want to name someone else, not your ex, to be your Agent in your Durable and Medical Powers of Attorney. Sitting down with an attorney to review your estate planning documents and coordinate your beneficiary designated accounts after a big life change is imperative.