Celebrities Who Died Without a Will: Barry White

Did you know that the legendary crooner Barry White passed away in 2003 without a will? Despite his iconic voice that entertained generations, he didn’t have a plan for his estate in place. It’s essential for everyone to have a will or estate plan to benefit their families, friends, and anyone who could benefit from being part of their estate plan. You can customize estate plans to meet your desires and the needs of those around you. There’s no such thing as a one-size-fits-all estate plan. Instead, you should consider what you want from an estate plan and set intentional goals to achieve those objectives.

One of the reasons why having an estate plan is so important is that none of us know the precise moment in time that will be our last. I know that this is a blunt statement to make and one that most of us do not like to think about, but it is the truth. The unvarnished truth is that we cannot say with 100% accuracy when we are going to pass on from this life. When that time comes there will be no second chances or additional opportunities to see to it that we can plan our estate or tie up any loose ends like that. The harsh reality is that we will be gone, leaving our families to either benefit from our planning or suffer the consequences of our lack of diligence.

Barry White’s legacy and the importance of estate planning

Barry White has a legacy. His sultry voice sold millions of albums and was the soundtrack for movies and intimate moments alike. All of us can recall at least one Barry White song, I am reasonably sure of that. You might expect a man with such a legacy, impact, and wealth to have taken more care in preparing for an end-of-life situation. Adding to this complexity, Mr. White had been divorced, remarried, and living with another woman when he passed away, creating a tricky, messy, and sad situation. We don’t know exactly what was going on in Mr. White’s life at the time of his passing, but we can presume that there was some opportunity for him to engage in basic estate planning before his time ran short.

This is what we would like to discuss with you today here on the blog for the Law Office of Bryan Fagan. What happened with Mr. White does not have to happen with you. You can and should put some thought and some planning into how you can prepare for the end of your life as far as estate planning is concerned. You do not have to be a millionaire performer to do it, either. Anyone can plan their estate successfully. The Law Office of Bryan Fagan is here to help you do just that.

What does the law in Texas say about a will after divorce?

Going through a divorce is a huge endeavor to take on. We have run across many people over the years who have stayed in a failing marriage if only to avoid having to go through a divorce. This process involves filing paperwork, separating finances, and sometimes figuring out possession time with your children if they are still minors. There is a lot to take on and the stress associated with the divorce can be something that causes many people to reflect as to whether it is even worth it. Ultimately, only you and your spouse can say whether the juice is worth the squeeze, so to speak.

The Texas Estates Code clearly states that if you divorce your spouse, any portion of your will related to your ex-spouse will be revoked. For example, if your will directs the executor to distribute $400,000 worth of property to your spouse upon your death but you are now divorced, that provision in the will is no longer valid. The executor would not need to follow those instructions.

Property distribution after death

What this does not answer is what would happen if you were going through a divorce and passed away while still married. Your spouse would still be able to inherit from you despite you and she is going through a divorce. This situation is far from ideal, but you have at least ensured that much of your property is accounted for. People like Mr. White, who passed away, have no say in how their property is distributed. Instead, a probate court judge in Texas, or wherever Mr. White resided, has the authority to divide his estate after paying creditors.

This should tell us two things about divorce and estate planning. First, you are not officially divorced until the judge signs the Final Decree. This decree contains all the necessary provisions regarding how you and your spouse will divide your property, among other important matters. However, do not start to make moves with your belongings until you know exactly what is happening with them. To start to sell or divide your marital estate before the judge gives you the authority to do so would be a mistake.

Marriage, divorce, and estate planning

Next, until you finalize your divorce, you and your spouse remain legally married. This status can have significant consequences for how your property is divided upon your death. If you pass away while going through a divorce, then a probate court judge could distribute property to your ex-spouse if you have a will. Your children or any other interested parties may try to contest this, but according to the law, you are still married at that point. This can cause disagreements and just a generally messy situation.

However, before you start to try and update your will or make changes to your estate plan while you are going through a divorce you should plan to talk with an experienced estate planning attorney as well as an experienced divorce attorney. Fortunately, the attorneys at the Law Office of Bryan Fagan are equipped to answer both types of questions simultaneously. The focus of our law practice is on family law and estate planning. You can save time and money by talking to us in a free-of-charge consultation about how we can best serve you as a potential client.

What happens with your ex-spouse within your will?

Once you get divorced it is up to you to update your will. This should be done as soon as you can but only after you have planned out what you want your estate to look like after your divorce is over with. The reality of the situation is that your estate may look very different now than it did before your divorce. You may have lost or gained property, you may have sold a house, or taken on the responsibility of paying a mortgage on your own.

Considerations for ex-spouse inclusion

These are all factors that need to be considered at this time in your life when you are rethinking what belongs in your estate plan and what your financial realities are after your divorce. Not that these immediate concerns should be the most important thing when you are planning your estate but if the property is no longer yours anymore you need to make those corrections or changes to your will.

This brings us to the topic of how your ex-spouse is treated in your will. Let’s say that you and your spouse just got divorced last week. The ink is not yet dry on the final decree of divorce but because you are a thoughtful, diligent individual you are already thinking about how the divorce has impacted your estate plan. What you would need to learn first is that any provision in the will which involves your ex-spouse is now going to be thrown out of the will, effectively. So, it is not a situation where your ex-spouse stands to receive a lot of property from you in the divorce if that is not your desire. If you were to suddenly pass away your ex-spouse will not inherit property from you even if you have not yet been able to update your will.

Executor role: considerations for your will after divorce

This is true even if you have named your ex-spouse as the executor of the will. To make sure that we are all on the same page, the executor of a will is the person who oversees inventorying property, paying creditors, and ultimately distributing the remaining property by the wishes of the testator (the person who created the will). The executor has no legal authority to act beyond what is stated in the will. Your ex-wife is not going to be the first person that you would think of who you would like to perform this job for your estate. With that said, she would not be the one to fulfill this responsibility under the law in Texas.

Again, however, this does not mean that you can afford to dilly-dally and wait around to update your will or trust. There is not only going to be a situation where your property has changed over time, but you are doubling down on these losses by not updating your estate plan as soon as it is practical for your family.

One thing to keep in mind is that even if you cannot update your will until your divorce is over you can still think about what you are going to do. Once it becomes clear to you what the final outlook of your case is going to be you can start to plan rough drafts of a will. Once you finalize the divorce, you can put your plan into motion and work with an experienced estate planning attorney to ensure you have the best plan possible for your family.

Why should you update your will or trust after a divorce?

So far in today’s blog post, we have discussed what happens to your ex-spouse within your will after a divorce. This topic involves cautionary tales or warnings more than it does positive aspects of estate planning. Now we are going to share with you some thoughts on forming your “why” when it comes to estate planning. We are all familiar with the carrot-and-stick method of motivation.

You can force someone to make them move or entice them to encourage them to do what needs to be done. The stick method when it comes to estate planning is that you don’t want your ex-spouse to have any say so over your estate. Now that we have established that this isn’t likely in Texas, we can get into the factors that can motivate you in a positive way to update your estate after your divorce.

Updating your will for your children’s benefit after divorce

Right off the bat, your children will benefit when you update your will based on the current circumstances of your life. All your hard work was done in part to benefit your children. By updating your will, you ensure that your children will be able to receive the maximum amount of benefit possible from the property that you have worked so hard to accumulate. This is part of your legacy, after all. It would be rude to argue that your legacy is all wrapped up in money and property, but it would also be unrealistic to say that no part of your legacy was financial. Instead, ensure that the property you want your children to receive after your passing is properly arranged to facilitate that.

Reflect on the objectives you had when you created the will or trust regarding leaving the property for your children before your divorce. It could be that you created the will or trust with goals in mind that you had to compromise with your spouse on. Now that you are no longer married, you may have completely different goals or objectives for your estate plan. You have the ability now to see to it that you can follow your sense of right and wrong when creating an estate plan concerning your family. It does not have to be something where you acquiesce to your spouse any longer.

Choosing executors and beneficiaries in your estate plan after divorce

As we discussed earlier in today’s blog post, if you have listed your former spouse as the executor of your estate or the trustee of a trust, you should update those positions in your estate plan. You should talk with any person who you believe can fulfill these obligations on your behalf. A trusted colleague, business partner, sibling, or other person that you expect to be able to fulfill these obligations is a worthy candidate. It is best to speak with these folks before placing them into positions of responsibility within the estate plan. The last thing you want is to surprise someone by naming them as the executor of your will, for instance.

There is something about a divorce that can cause your eyes to open to be able to see a situation from a completely different vantage point. For example, you may have learned things about family members that you previously were unaware of because of the divorce. Who is there for you when you need them the most? Which family members decided, instead, to take sides instead of being a neutral party and someone you could talk to? These are relevant questions to ask and may cause you to want to revise or update the beneficiaries in your will. On the other hand, people in your life may have come forward to help you or support you during this time. You can consider all these circumstances when determining who you want to be a beneficiary in your estate planning.

Conclusion

Whatever you decide to do when it comes to estate planning, it is best to do so intentionally. This means that you should not out of the blue or suddenly decide to make a change to your estate plan without having thought through the consequences and considered what could happen in the future because of your desired changes. It is a good idea for you to gain as much information as possible when it comes to estate planning so that you can act wisely and prudently for yourself and your family.

Barry White‘s passing without a will underscores the critical importance of estate planning for everyone. Despite his enduring musical legacy, the lack of a clear estate plan left uncertainties for his loved ones. This highlights the need for individuals to carefully consider their estate planning needs. Whether it’s securing financial stability for family members, supporting loved ones, or contributing to charitable causes, a personalized estate plan can provide clarity and peace of mind. By proactively creating and maintaining an estate plan, individuals can honor their wishes and ensure their legacy continues to make a positive impact.

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Other Articles you may be interested in:

1. Texas Intestacy Laws: What Happens Without a Will?
2. Inheritance Laws in Texas: What Happens Without a Will?
3. Common Misconceptions About Dying Without a Will and How to Avoid Them
4. Texas Child Support Appeals
5. Why Ignoring Child Support Obligations is a Bad Idea in Texas
6. Texas Child Support – Trust and Annuities
7. Special Needs Children in Texas Child Support Cases
8. The benefits of not immediately introducing your children to your new love interest after divorce
9. The Importance Of Wills In Texas Estate Planning
10. Contesting A Will in Texas: What You Need To Know
11. Celebrities who died without a will: Bob Marley
12. Celebrities who died without a will: Prince
13. Celebrities who died without a will: Tupac Shakur
14. Updating your will after a divorce is smart planning
15. What Invalidates a Will in Texas?

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.