My dad’s will

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My dad’s will

My father’s will States that his estate
be divided between my brother and his
wife and myself and my now exhusband.
My question is does my dad need to redo
his will or does the fact that I no
longer have a husband,null and void my
ex to receive anything? This would be
in the state of Iowa, if that matters.

Asked on July 25, 2017 under Estate Planning, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on how the will is written. Say your ex's name is "John Doe." If the will says that your father leaves something to John Doe, your ex still inherits because he is still John Doe and he was identified by name, not relationship. If the will says that he leaves something to "my daughter's husband" or "my daughter's husband, John Doe," then he should not inherit, since he is no longer your husband: he is not as identified in the will, and the will by its plain terms showed an intention for him to inherit due to the spousal relationship.


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