Is a will still valid after divorce?

[DanaCF]

My dad recently passed away. He and my mother divorced, and he remarried. He never updated his will after remarrying, so this is his most recent will. The will names my mom as the primary beneficiary upon his death, with my brother and I listed as secondary beneficiaries. Is the will still valid? We are in Michigan. Additionally, is there a way to see if he really did update his will? My dad told my brother shortly before passing away that things were “all set and take care of” when my brother asked about a will. Now my stepmom says he didn’t have a will. Thank you.

 

[adjusterjack]

The will names my mom

By name or as "my wife." That could be a very important distinction.

Is the will still valid?

It needs to be reviewed by an attorney to answer that question.

is there a way to see if he really did update his will?

Call the attorney that drafted the existing will to see if he was involved in a new one.

My dad told my brother shortly before passing away that things were “all set and take care of” when my brother asked about a will.

Sorry, but what your Dad "told" your brother is likely to be irrelevant.

Now my stepmom says he didn’t have a will.

Again, no way to really answer that question without reading the will. Take it to an attorney.

 

[Zigner]

If there is an existing will, as you describe, then Michigan law provides that your mother's assignment as beneficiary was revoked when the divorce occurred (barring explicit language to the contrary in the divorce agreement/order).

With that said, do you have the original will? If not, do you have a copy of the original will? If the answer to both is "no," and if step-mom is not forthcoming with the will, then your dad's estate will be treated as if he died intestate (without a will). You will want to research the laws in Michigan governing intestate succession.

 

[zddoodah]

My dad recently passed away. He and my mother divorced, and he remarried.

Please provide dates for the divorce from your mother, the remarriage and his death.

The will names my mom as the primary beneficiary upon his death, with my brother and I listed as secondary beneficiaries.

Not sure what "primary beneficiary" and "secondary beneficiaries" mean.

Is the will still valid?

If you google "what happens to a will if you get divorced and remarried michigan," you will find several results that explain that a divorce terminates testamentary gifts to an ex-spouse. Otherwise, there's no reason to believe the will won't be valid. However, the new spouse will still have a claim.

is there a way to see if he really did update his will?

His widow can dig through his personal effects (including computers. Should could also review his financial records since the date of their marriage to see if he ever paid money to a lawyer and, if so, contact that lawyer to see what work he/she performed.