When you get a divorce, several aspects of your life can change. Your living situation shifts, your finances reorganize and your daily routine transforms. But what happens to the will you created when you were still married?
Legal status of wills after a divorce
Per the Texas Estates Code, any gifts or appointments you made to your former spouse are treated as if your former spouse died before you. This means they cannot inherit property through your will or serve in any fiduciary role you assigned to them.
State law also revokes provisions that benefit your former spouse’s relatives who are not also related to you. If you named your former sibling in-laws as an alternative executor or left property to your former in-laws, those terms become void as well.
This protection takes effect the moment the judge signs your divorce decree. You do not need to take any additional action for these specific agreements to stop applying. However, the rest of your will remains valid.
If you wish for your former spouse to continue receiving benefits or serving in a fiduciary capacity, you must explicitly state this in a new will created after the divorce. The automatic revocation cannot be overridden by the terms in your pre-divorce documents.
Assets that bypass can your will
Separately, some assets transfer by beneficiary designation or contract, not by your will. These include:
- Employer-sponsored retirement accounts such as 401(k) and 403(b) plans
- Individual retirement accounts and Roth IRAs
- Life insurance policies with named beneficiaries
- Annuities and pension benefits
- Bank accounts with payable-on-death designations
Many of these assets do not follow the original beneficiary designations that name a spouse once the divorce becomes final. You will need to file new beneficiary forms so your assets transfer to your intended recipients. If you do not update these forms, your assets may go to the alternate beneficiary listed on the original documents or they may shift into your estate.
Importance of creating a new will after divorce
Drafting a new will gives you the opportunity to name specific individuals or organizations to receive your assets. You can designate primary and contingent beneficiaries for each portion of your estate.
You can also select a new executor who reflects your current relationships and circumstances. They can address all administrative tasks for your estate, including locating assets, paying debts and distributing property.
If you have minor children, a new will can help you designate guardianship. While your divorce decree addresses conservatorship, state law allows you to name who should care for your children if both parents are unable to. The court will consider your nomination as long as the nominee qualifies and the arrangement serves the child’s’ best interests.
Working together with an attorney familiar with estate planning can make the process simpler to navigate. Part of their work includes reviewing all your assets and identifying which documents need updating beyond your will. They can also explain how federal and state laws interact to affect your beneficiary designations and help you coordinate your entire estate plan.
