Community Chat

[gulf coast girl]

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

[Graciea]

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.

[RedTop]

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.   

[geezerette]

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

[Kachina624]

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? 

[HLP]

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@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.

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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.

[geezerette]

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.

[World Traveler]

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.

[Mom2Dogs]

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.

[froggy]

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@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.   

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