DOES “SPOUSE” MEAN CURRENT SPOUSE?

Robert Ray

Problems with terms like “spouse,” “children,” “heirs…”

In an interesting case from 2020, 04-20-00035-CV, a woman created a trust. The trust named her son’s “spouse” as a beneficiary. The son later divorced and remarried. The question before the court was whether the beneficiary designation of “spouse” meant the prior spouse or the current spouse.

The court ruled in favor of the spouse at the time the trust was created…

(W)e hold that the grantor’s use of the term “spouse” referred to William’s spouse at the time the Trust was executed, and did not refer to a class of persons including future spouses.

There is a section of the Texas Estates Code that provides that any provision in a will or trust in favor of a person’s spouse is void if they later divorce. However, the woman in this case was not leaving something to her spouse but to the spouse of her son. The court did not discuss this section of the Texas Estates Code so I would assume that all parties agreed that it didn’t apply.

Insight

Is the result the court reached the result that the woman who created the trust wanted? Probably, but maybe not. To avoid problems like this, it is better to specify who you’re leaving your property to rather than use terms that may cause confusion like “spouse.” “children,” “heirs…”

Spouses

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Who Can Contest a Texas Probate?

Who Can Contest a Texas Probate?

Who Can Contest a Texas Probate Background In order to contest a Texas probate, you have to have standing. Standing means a person has a right to bring a lawsuit in Texas. To have standing in a Texas probate proceeding, you have to be an interested party. Facts In a...

Pretermitted Spouse in Texas

Pretermitted Spouse in Texas

Pretermitted Spouse in Texas. Texas does not recognize a pretermitted spouse, but other states, including New Mexico, do. I have written articles about a pretermitted spouse here and here. Even though Texas doesn't recognize a pretermitted spouse, do they have...

Difference between annulment and divorce in Texas

Difference between annulment and divorce in Texas

What is the difference between annulment and divorce? A divorce is a court order that ends a marriage. An annulment is a court order that the marriage never existed. An annulment can only be ordered based on limited circumstances like fraud, duress, or force as well...

Does a spouse inherit in Texas

Spousal Rights to Inherit in Texas Does a surviving spouse inherit everything when their spouse dies? Does a spouse inherit over children from a previous marriage? I have updated the page on my main website about a spouse's right of inheritance. View it here -...

Texas Requirements For A Common Law Marriage

Texas Common-law Marriage Texas recognizes common-law marriages or what Texas calls "Informal Marriages." There are two different ways you can have an informal marriage: Agreeing to be married; living together in Texas after the agreement; and, representing to others...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This