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When you go through a divorce, you probably think about child custody, dividing property, or changing your last name. But one thing many people forget? Updating their estate plan.
In Texas, the law does offer some automatic protections after divorce, but not enough to guarantee your ex doesn’t inherit something you no longer want them to. If you haven’t reviewed your will, trust, or beneficiary forms since your divorce, your plan may be out of sync with your intentions.
Here’s what every recently divorced Texan should know.
Texas Law Automatically Revokes Gifts to Ex-Spouses—Kind Of
Let’s start with the basics. Under Texas Estates Code §123.001, if you name your spouse in your will and then get divorced, Texas law treats that ex-spouse as if they had died. This means:
- Any gift you left them in your will is automatically revoked
- They’re removed as executor or trustee (unless the will says otherwise)
That might sound like a clean fix, but it’s not the whole story. The rest of your will stays in place. So if you only listed your ex as a beneficiary and didn’t name anyone else, the court may have to figure out who should inherit. This can lead to confusion, delays, and disputes, especially if your family situation has changed.
Why You Still Need to Update Your Will After Divorce
Even though Texas law cancels gifts to your ex, it doesn’t automatically plug in a replacement. That’s a problem.
Here’s a common scenario: someone writes a will that leaves everything to their spouse. Years later, they divorced and then passed away without updating anything. Because the gift to the ex is void, there’s no named beneficiary, so the estate could be treated as if there were no will at all. That may mean assets go to people you never intended, like distant relatives, or trigger probate proceedings you thought you were avoiding.
Also consider this: what if your will named your ex as guardian of your children or trustee for a minor’s inheritance? Unless you update the document, those roles may remain unclear.
What Happens to Trusts After Divorce?
Wills and trusts are often treated differently.
- Revocable trusts (the kind you can change during your lifetime) often behave like wills, meaning ex-spouses are usually removed under Texas law after divorce, unless the trust says otherwise.
- Irrevocable trusts, however, can’t be changed. If you created one before your divorce and named your spouse as a beneficiary or trustee, that designation may still stand, unless the trust has specific provisions for divorce.
Because trust language can vary widely, it’s essential to have an estate planning attorney review any trust created during your marriage. Even if your divorce decree addresses property division, it may not cover what your estate plan says.
Don’t Forget Life Insurance and Beneficiary Forms
Your will doesn’t control everything. Assets such as retirement accounts, bank accounts with payable-on-death (POD) designations, and life insurance policies all pass outside of probate, based on the named beneficiary listed on the account or policy.
In many cases, Texas law treats ex-spouses as though they predeceased you, even for these accounts. But that protection isn’t universal:
- Federal retirement plans (like FERS or military pensions) may not follow state law.
- Out-of-state policies or accounts may still honor the ex-spouse designation.
That means your ex could still end up with a large sum if you never updated the paperwork.
Risks of Not Updating Your Estate Plan After Divorce
If you don’t take action, you could end up with:
- A will or trust that no longer reflects your wishes
- Assets going to unintended beneficiaries
- Legal battles between family members
- The wrong person managing your estate or making decisions on your behalf
Even well-meaning people put this off, but the longer you wait, the more likely it is that something slips through the cracks.
Take Action: What to Do After a Divorce
Once your divorce is final, here are a few key steps to protect your future:
- Update your will and any trusts
- Change beneficiary designations on bank accounts, insurance, and retirement plans
- Review and revise your powers of attorney and healthcare directives
- Meet with an estate planning attorney to make sure nothing’s been overlooked
At the Law Office of Carey Thompson, we help Texans create and revise estate plans that reflect their current lives, not just their past relationships.
Divorce Changes Everything—Including Your Estate Plan
If you’ve been through a divorce in Texas, don’t assume your estate plan has kept up. While the law provides some automatic changes, it doesn’t go far enough to ensure your assets are protected and your wishes are clear. Contact us today to take the next step toward securing your legacy.