Why You Should Update Your Will After a Divorce in Texas
Divorce changes more than your relationship status—it can turn your entire financial and legal picture upside down. While you may be focused on dividing property, setting up new living arrangements, or adjusting to co-parenting, one critical step often gets overlooked: updating your will and other estate planning documents.
Failing to make these updates can lead to confusion, delays, or even assets passing to people you no longer intend to benefit. Here’s why it’s so important to revisit your estate plan after divorce—especially here in Texas.
1. Your Ex-Spouse May Still Be Named in Key Roles
Under Texas law, a divorce automatically removes your ex-spouse from your will as a beneficiary or executor. But if your documents still name them, the outdated instructions can cause confusion or delays in probate.
Your will isn’t the only concern—powers of attorney and healthcare directives do not automatically remove your ex. Without updates, they could still have the legal authority to make financial or medical decisions for you.
What to review:
Will and any trusts
Financial and medical powers of attorney
Advance healthcare directives
2. Beneficiary Designations Often Override Your Will
Assets like life insurance, retirement accounts (401(k), IRA), and payable-on-death bank accounts pass directly to the person listed on the beneficiary form—regardless of what your will says. In many cases, divorce does not automatically remove your ex from these designations.
If you don’t update them, your ex could legally inherit these funds.
What to update:
Life insurance policies
Retirement accounts and pensions
Bank and investment accounts with transfer-on-death designations
3. Guardianship of Minor Children
If you named your ex as the guardian of your children in your will, Texas law generally defaults to the surviving parent. But you should still review this provision to:
Confirm your choice if your ex is still the right guardian
Name a backup guardian in case your ex cannot serve
Address financial support for your children through a trust or specific bequests
4. Your Financial Picture Has Changed
Divorce typically involves dividing property, debts, and retirement accounts. You may now own different assets—or fewer assets—than before. An outdated will could reference property you no longer own or fail to include new property you’ve acquired post-divorce.
Updating your will ensures that:
Your property list is accurate
Your heirs know exactly what you own
There’s no confusion or litigation over missing assets
5. You May Need New Trusted People in Charge
Your executor, trustee, or powers of attorney should be people you trust to handle your affairs according to your wishes. After divorce, that’s rarely your ex. Many people appoint:
Adult children
Siblings
Trusted friends
A professional fiduciary or corporate trustee
6. Coordinating With Your Divorce Decree
If your divorce settlement includes spousal maintenance, child support, or property division terms, your estate plan should align with those obligations. This can help avoid:
Unintended tax consequences
Conflicts between your will and your divorce agreement
Delays in carrying out your wishes
7. Preventing Probate Problems
Probate courts in Texas follow what’s written in your documents. If your will is unclear, outdated, or contradictory, your loved ones may face disputes, higher legal fees, and long delays. A freshly updated estate plan removes uncertainty and protects your heirs.
Moving Forward: Protecting Your Legacy
Updating your will after a divorce is more than a formality—it’s a way to take control of your legacy and protect the people and causes you care about most.
At McMullen Law Group, we help Texans navigate the post-divorce estate planning process. We’ll review every part of your plan—from wills and trusts to beneficiary designations and powers of attorney—so you can move forward knowing your wishes will be honored.
Schedule a consultation today to make sure your estate plan truly reflects your life after divorce.
