Frequently Asked Questions > Estate Planning and Divorce > My spouse and I have a living trust instead of a will. Is my spouse automatically kicked out as a beneficiary of that?
No, unless the trust instrument provides otherwise. Texas statutes do not provide for the automatic bypassing of your former spouse upon divorce if a living trust is used. Many living trusts address this problem directly, however. You should have an attorney review your trust with this issue in mind. It is best to do so prior to finalizing your divorce, in case something must be included in the divorce decree to fix the trust problem.
Last updated on January 6, 2011 by Glenn Karisch