Dear Mr. Premack: My mother purchased savings bonds listing herself as owner and my brother as co-owner. She passed away several years ago, and my brother recently passed away leaving a brief Will giving the residue of his property to his ex-wife. The bonds were not mentioned in any part of his Will. My question is: who is heir to the bonds, the ex-wife or other remaining family members? GJH

When your mother died, your brother became owner of the savings bonds because federal law implies a right of survivorship between bond co-owners. He did nothing to claim that ownership, like cashing the bonds or asking the government to list a new co-owner. Still, they became his property.

When your brother died, the bonds were part of his testamentary estate, so they must pass under the terms of his Will. His Will left the residuary of his estate to his wife, and the bonds are part of that residuary.

But he and his wife divorced (obviously while he was still alive). Texas law imposes a sweeping change to a person’s Will by virtue of getting divorced: the former spouse is erased from the Will. She cannot inherit any assets under the Will and cannot serve in any position of authority (like Executor). Also, any of her relatives named in the Will (unless they are also his relatives, like their children) are erased from the Will.

There is two exceptions: 1) if your brother knew they were going to get divorce when he wrote the Will, he could expressly state in his Will that she was to remain his heir despite the divorce, or 2) if he signed a new Will after the divorce was final and in that new Will he named his ex-wife as his heir, then she can inherit just like anyone else. I cannot tell from your letter whether he made his Will before or after the divorce was final.

Assuming his Will predates the divorce and he said nothing about retaining the gift to her, then his ex-wife does not inherit the bonds. Instead, the bonds and the rest of his estate pass according to the contingency plan that he included in his Will. He did include a backup plan, didn’t he? You said that he left a "brief Will" which could be interpreted to mean that it is simple but complete, or could mean that it is so fast that he omitted important details.

The contingency plan is one of the most important details. Plan A: I leave everything to my wife. What if she predeceases me, or if we get divorced? Then plan B: I leave everything to my children (or to my sister, or to the Animal Defense League, or to…). When there is no contingency plan, the assets in the estate pass according to the laws of descent and distribution.

That means other family members receive the bonds and the rest of his estate. Exactly which family members depends on the structure of the family. If he had children, they are the heirs (or his grandchildren, if a child is deceased). If not, the law goes up the family tree to his parents, then across to his siblings, and then down to his nieces and nephews.