What if I forgot to change my Will after my divorce?

By Paige Webbstock, Staff Writer.


If you get divorced and you had a Will, it’s best to revoke the old one and then draft a new one, but if circumstances mean that you were unable to do that, there are a few things that can happen.

In most states, any inheritance left to your former spouse in a Will that was made before you got legally divorced are automatically revoked and the rest of the Will is not affected. If you’re still in the divorce process, then the gifts are still valid. Also, not every state has the same laws (and they can change), so you shouldn’t depend on them.  In some states, gifts to relatives of your former spouse are also revoked by divorce. This is another great reason to have alternative beneficiaries in your Will as well; if you die and state law revokes the gift to your spouse, another person can inherit it.


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