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Divorce
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Common Law No impact on will so ex-spouse beneficiary would still take. Remember, divorce was rare and was considered a sin.
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EC §§ 123.001 & 123.002 The following provisions are void:
Ex-spouse as beneficiary. Ex-spouse’s relatives as beneficiary (unless they are also the deceased spouse’s relatives). Former step-children Former in-laws Ex-spouse as fiduciary (executor, guardian of children, trustee).
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EC §§ & Exceptions: Remarriage of spouses to each other. Will of deceased spouse expressly provides otherwise.
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EC §§ 123.001 & 123.002 Passage of voided gift:
As if ex-spouse predeceased the testator.
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Warning! Statute operates only upon a final divorce – not after filing or while pending. Thus, consider providing for this possibility in the will.
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