topic Re: 2 questions about a will... in Community Chat

2 questions about a will...

gulf coast girl — Wed, 24 Mar 2021 18:43:34 GMT

Does husband and wife need seperate wills?

And if you want your things going to Mary Smith than how does the person in charge of your will know which Mary Smith to get it to when there are 1000 Mary Smiths across the country?

TIA

Re: 2 questions about a will...

Graciea — Wed, 24 Mar 2021 18:48:27 GMT

Yes, you need separate wills. I'm sure they will ask for some sort of Information to identify the correct person. Probably their address, Social Security number, telephone number, things like that. When I had my will done they asked for addresses of all of the beneficiaries.

Re: 2 questions about a will...

RedTop — Wed, 24 Mar 2021 18:50:56 GMT

Yes, husband and wife need separate wills.

Obviously you will inform Mary Smith that she is named in your will, and will specify that she is Mary Anne Taylor Smith. Be prepared to give the attorney her current address and phone number.

Re: 2 questions about a will...

geezerette — Wed, 24 Mar 2021 18:52:57 GMT

Yes, both husband and wife need separate wills.

Typically, the executor of the will is known to the deceased (spouse, child, family member, friend) so they would know which "Mary Smith" was to be the beneficiary.

However, if the executor appointed is an attorney or stranger, it would be prudent to include the beneficiary identification in with the legal documents. It has happened that the proper beneficiaries cannot be located because of lack of information about them

Re: 2 questions about a will...

Kachina624 — Wed, 24 Mar 2021 18:57:48 GMT

Neither my husband and I nor my parents had seperate wills. What would be the point? You can specify any individual wishes in a combined will plus how would you make provisions for young children in separate wills? Wills are expensive; why double the cost?

Re: 2 questions about a will...

HLP — Wed, 24 Mar 2021 19:01:38 GMT

@Graciea wrote:
Yes, you need separate wills. I'm sure they will ask for some sort of Information to identify the correct person. Probably their address, Social Security number, telephone number, things like that. When I had my will done they asked for addresses of all of the beneficiaries.

My husband and I didn't have separate wills. He is gone now so I had it rewritten. Also, they would not allow me to break my will for single people to get certain things. I only have one child and maybe that is why. Maybe laws have changed.

Re: 2 questions about a will...

geezerette — Wed, 24 Mar 2021 19:10:14 GMT

It's always been my own experience, along with family members' in various states, that both husband and wife need their own wills.

Apparently this can vary from state to state.

Re: 2 questions about a will...

World Traveler — Wed, 24 Mar 2021 19:39:50 GMT

My will lists people and their current address. If they move, they can still be found by your executor.

I have heard that a husband/wife should have separate wills because when one dies, the other doesn't have to rewrite theirs like they would if they shared the same will.

A relative of mine died last month. The husband/wife had separate wills. His will went into effect; she does not have to rewrite her will because hers states that if her husband is not alive when she dies, her property/funds go to someone else, which she named.

She has been advised to rewrite it, but as it is now, she doesn't have to. The next-in-line (or alternative) recipient is already listed in her current will. Her lawyer told her that as long as she wants the alternative recipient to still be the one to get whatever she leaves, she is fine to leave it alone.

I have listed a primary and a secondary beneficiary and both are aware that they have been named. I've even given them a copy so they don't have to go looking for it. They will have power of attorney, if needed, and they have a copy of my health directive if I am incapacitated.

Re: 2 questions about a will...

Mom2Dogs — Wed, 24 Mar 2021 19:24:05 GMT

My dh and I have 1 will - naming the other as beneficiary...then there are the secondary recipients if we are both killed at the same time.

Our wills were very inexpensive. Don't forget about medical power of attorney.

Re: 2 questions about a will...

froggy — Wed, 24 Mar 2021 19:26:41 GMT

@RedTop wrote:
Yes, husband and wife need separate wills.

Obviously you will inform Mary Smith that she is named in your will, and will specify that she is Mary Anne Taylor Smith. Be prepared to give the attorney her current address and phone number.

Not really obviously. I haven't informed anyone whether or not they are in my will.

Re: 2 questions about a will...

froggy — Wed, 24 Mar 2021 19:32:12 GMT

@Kachina624 wrote:
Neither my husband and I nor my parents had seperate wills. What would be the point? You can specify any individual wishes in a combined will plus how would you make provisions for young children in separate wills? Wills are expensive; why double the cost?

We have separate wills that leave everything to the other depending on who dies first. This is a second marriage for each of us and we want to make sure that the survivor has full claim on all property when the other dies. Our wills are part of our Living Trust and the whole thing specifies who gets what when the second of us dies.

Re: 2 questions about a will...

Scooter Ann — Wed, 24 Mar 2021 19:51:56 GMT

Even if you can do a joint will, it is best to for spouses to execute separate wills for many reasons. The cost may be a little more up front, but a proper estate plan can avoid problems and save money down the road. In some states, a living trust is advisable, meaning that your assets pass to the beneficiaries without having to go through probate court. Revocable (meaning can be changed until second spouse dies) living trusts are more commonly joint with spouse. Please consult an experienced lawyer in your state (the lawyer would ask for information about Mary Smith to identify her when the time comes). Hope that helps.

RRe: 2 questions about a will...

patbz — Wed, 24 Mar 2021 19:56:55 GMT

We've had a trust in CA and now have a trust in AZ. In both cases ( plus my late parents' trust in MD) as part of the package we had separate wills. A trust didn't cost us more than $500 at any time and certainly simplies matters when the time comes ( I was executrix for both of my parents' estates.

Re: 2 questions about a will...

beckyb1012 — Wed, 24 Mar 2021 19:58:01 GMT

As a paralegal here in Texas we have always done separate wills for spouses. Regardless to how small or how large their Estates are and regardless of how many times they were previously married.

Re: 2 questions about a will...

sann — Thu, 25 Mar 2021 00:19:14 GMT

My parents did not have separate wills.

Re: 2 questions about a will...

Big Joanie — Thu, 25 Mar 2021 12:36:24 GMT

Don't forget about Power of Attorney for each other ....That

you should have now ....

Re: 2 questions about a will...

Jaspersmom — Thu, 25 Mar 2021 13:09:08 GMT

I copied this from the internet:

The answer to the question, “Do a husband and wife need separate Wills?” is yes, they do. Just because joint Wills exist does not mean they are an appropriate choice. Most couples fare better with separate Wills.

As far as identifying people named in wills, you will be asked to give information about those people - relationship, address, etc.

Re: 2 questions about a will...

Still Raining — Thu, 25 Mar 2021 13:52:30 GMT

You and DD each need a will that conforms to your state's laws.

Different states can treat individual assets differently, inherited or prior.

Also individual gifts should conform and/or be distributed at different times.

Re: 2 questions about a will...

RetRN — Thu, 25 Mar 2021 13:53:21 GMT

@Kachina624 wrote:
Neither my husband and I nor my parents had seperate wills. What would be the point? You can specify any individual wishes in a combined will plus how would you make provisions for young children in separate wills? Wills are expensive; why double the cost?

Bad idea, they should definitely have separate wills. Best to maybe pay a little more and do it right.

Re: 2 questions about a will...

Lipstickdiva — Mon, 29 Mar 2021 20:55:49 GMT

I have been doing probate and estate planning for 20+ years. I have seen 1 joint Will and that was within the last year. They just aren't done here.