Fort Wayne Indiana Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

State:
Indiana
City:
Fort Wayne
Control #:
IN-WIL-01459C
Format:
Word; 
Rich Text
Instant download

Description

The Will package you have found is for a married couple with minor children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. It also establishes a trust and provides for the appointment of a trustee for the estate of the minor children. This package contains two wills, one for each Spouse. It also includes instructions.


The Wills must be signed in the presence of two witnesses, not related to you or named in your Wills. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.



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FAQ

Making one will for two people is usually not advisable because it's irrevocable after the first spouse's death. by Ronna L. DeLoe, Esq. Even though married couples often have the same goals in mind when making their estate plan, most attorneys advise against joint wills.

To change any terms, you need both parties. This is impossible if one party is dead. As soon as the first spouse dies, the will becomes irrevocable. No matter the circumstances, the surviving spouse cannot change the terms of the joint will.

Yes. Joint wills are recognized in Indiana. However, I recommend that two (2) separate documents be prepared. A joint will has been interpreted by some cases in Indiana to be a contract with your spouse.

A joint will is a document which contains the wills of 2 persons, contained in one will as a joint will for the sake of convenience. Such will is to be considered as the will of both the first dying and the will of the survivor. A joint will is common amongst married persons.

The concept of joint will provide that: That when one spouse dies, the other testator will inherit everything, and. When the second spouse dies, everything directly goes to the person in whose favour will is made.

Can a 'joint will' take effect after the death of any one of the testator? The joint will made by the two-person will take effect after the death of both the person. The will not be admitted to probate during the life of either.

If I have a will, does my spouse need one? The answer is yes ? everyone should have a will! If you're married, you and your spouse can have separate (or joint) wills that you sign yourselves. This way, if something were to happen to one of you, there's no room for ambiguity or confusion.

If the common intention is expressed in one instrument, the will may be called a joint will, and if the testators have executed two separate instrument to manifest their common intention, the will may be called a mutual will.

Generally speaking, for a married couple who have children, we would recommend they create mirror Wills with a testamentary trust, as well as ensuring that any property is owned as Tenants in Common with relevant Trust or Trusts in place.

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Fort Wayne Indiana Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children