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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86683
Experience:  Fully licensed attorney in Texas in private practice.
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I have a last will and testament from my deceased husband written

Resolved Question:

I have a last will and testament from my deceased husband written in 1995 when we were still married. We divorced in 1998 and he remarried and moved to Arizona. He died in Sept. of last year. So far there is no evidence of another will as I have called the court in the county in Az in which he lived Is his will valid for meveven though we were divorced?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your loss. On this website, I do not always get to give good news, and this is one of these times.

Since he passed in AZ, then AZ law applies. A divorced spouse is not a "surviving spouse" or a "beneficiary" under an estate. Under AZ, an ex-spouse is automatically removed from the Will at divorce, unless he has specifically updated his will after the divorce to still include his ex.

As such, unless he updated his will after you divorced to still include you (and you are telling me that this is unlikely), you do not stand to receive anything from the estate. I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86683
Experience: Fully licensed attorney in Texas in private practice.
Ely and 3 other Estate Law Specialists are ready to help you
Customer: replied 10 months ago.



Expert:  Ely replied 10 months ago.
Linda,

I have received a "blank" follow up from you. It may have been a glitch. Did you have a follow up and if so, can you please send it again?
Customer: replied 10 months ago.


Received your information which validates what i thought. Thanks- even though this does not benefit me.

Expert:  Ely replied 10 months ago.
My pleasure, L. Best of luck in your endeavors.

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