Evidence of the marital history of decedent may also be located in the local probate records. Texas Probate Code section 81(a)1 was revised in the 2009 Texas Legislative Session to require that an application for probate of a will declare the marital history of the decedent. See Texas Probate Code section 81(a). “Whether a marriage of the decedent was ever dissolved after the will was made, whether by divorce, annulment, or a declaration that the marriage was void, and if so, when and from whom.” Id. As such, the applicant for probate is establishing the history of subsequent matters in the estate of the testator or testatrix that would affect the validity of bequests under the Will. Id. Subsequent divorce, annulment, or declaration of a marriage as being void could result in bequests to the former spouse being treated as void. Id.
Christopher Pettit has served as a member of the Board of Governors of the American Academy of Estate Planning Attorneys, the nation's premier estate planning membership organization. A frequent lecturer at continuing education courses on the subject, Mr. Pettit' is also a member of the American and State Bar Associations, the Association of Trial Lawyers of America, the Trial Lawyers Association of Texas and San Antonio, the San Antonio Young Lawyers Association and the San Antonio Estate Planners Council.
