Do married couples have a joint will or two separate wills?

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  • #80490 Reply

      If joint, is there anything to stop the surviving spouse from changing their will to something different than what the other spouse wished?

      #80491 Reply

        This question is confusing to me. I’m not sure I would be married to someone if I was concerned about them going against my wishes after I’m gone.

        #80492 Reply

          My husband and I have a joint will so long as the 2 of us are alive -we also have separate wills already made up should we be “the surviving” spouse.

          #80493 Reply

            My husband and I have “mirror wills” where they are pretty much the exact same, but in reverse. So if I die, all of our marital assets go to him/if he dies, all of our marital assets go to me.

            #80494 Reply

              Wills are individual, but are generally “mirror” wills in a married couple.

              #80495 Reply

                If you have assets prior to the marriage, I suggest a trust for just you. Things accquired after the marriage likely all legally go to him. So if you or he jas prior kids, give then things or money you want them to have now.

                #80496 Reply

                  Great question! And some very good answers. There is nothing that prevents the surviving spouse from changing things. I had it happen after my Dad passed away. My Step mother made radical changes.

                  #80497 Reply

                    There was an episode 2 weeks ago on the Ramsey Show – a guy called in, his wife died, and within 1 year he was getting remarried. Right before passing away, the Wife had insisted the house be 50% into the 2 kids name. He said he agreed to it since she was so insistent.

                    After she passed, he decided to get married and was asking Dave “if he can do backsies” and how to get the kids off the title, as he wanted to sell the house, to be where his new wife is going to be.

                    It was obvious the deceased WIFE had some intuition or knew her husband’s lack of respect, because she did this right before she passed. After she passed, the husband tried to revert it back!

                    #80498 Reply

                      My parents had a family trust and individual pour over wills. My mother changed the terms of the trust after my father died. They were the trustees of the trust and either one was able to make changes to the trust after the other died. They set it up that way. I believe there are ways to set up a trust that cannot be changed.

                      #80499 Reply

                        You are two separate people, so you should have two wills. They can mirror each other, but you each need a will.

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