How should an ex-husband be named in a will?

Q: Is an ex-wife considered a surviving spouse?

No, an ex-wife is not considered a surviving spouse after a divorce. Upon divorce, she loses all rights associated with that status, including inheritance rights unless specified otherwise in a will or trust. Legal definitions can vary by state, so it's wise to check local laws for any specific provisions that might apply.

Full question:

How should an ex-husband be referred to in his ex-wife's Last Will and Testament? And how should she describe her property which she's leaving entirely to him?

Category: Wills and Estates
Date: 04/07/2025
State: Oregon

Answer:

In the Last Will and Testament, the ex-husband should be referred to by his full legal name and address. The property being left to him should be described in detail to prevent any confusion.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can an ex-wife contest a will?

Yes, an ex-wife can contest a will if she believes she has a legal standing to do so. This could be based on claims such as lack of capacity, undue influence, or improper execution of the will. However, her rights may be affected by the divorce settlement and any provisions made in the will regarding her. It's advisable to consult an attorney to understand her specific rights and options.

Can an ex-wife be an executor of a will?

Yes, an ex-wife can be named as the executor of a will, provided the deceased person chose her for that role. The appointment must be made in the will, and she must meet the legal requirements to serve as an executor, such as being of sound mind and not having any legal disqualifications. It's important to review the will and any relevant state laws.