{"id":5438,"date":"2016-02-03T06:25:20","date_gmt":"2016-02-03T06:25:20","guid":{"rendered":"http:\/\/www.marriage.com\/advice\/?p=5438"},"modified":"2023-04-27T04:58:24","modified_gmt":"2023-04-27T04:58:24","slug":"marriage-wills","status":"publish","type":"post","link":"https:\/\/www.marriage.com\/advice\/finance\/marriage-wills\/","title":{"rendered":"Wills for Married Couples: How to Make a Will With Spouse"},"content":{"rendered":"\n

\"effect<\/p>\n

One of the most important things you can do for your family is to have a will in place. This is the reason why many people opt for various wills for married couples.<\/span><\/p>\n

Imagine that when you die, your assets aren’t distributed to your spouse and children as you would want and that they get caught up in expensive and exhausting legal matters related to those assets. Creating a will is a way to help eliminate those issues.<\/span><\/p>\n

A will is essentially a document that allows you to retain control over how your estate (your assets and property) is managed and distributed when you die. <\/span><\/p>\n

This could be as simple as how funds in a bank account are split between children or how who receives the home in Florida and the one in New York. <\/span><\/p>\n

<\/span>Talking about wills and marriage<\/b><\/span><\/h2>\n

A will<\/span><\/a> is a legal document that outlines what a person wants to happen to their property and assets after they pass away. Marriage can have an impact on a person’s will, especially if they are married at the time of their death. <\/span><\/p>\n

This is where wills for married couples come into the picture. <\/span><\/p>\n

Does marriage override a will? It may.<\/span><\/p>\n

When a person gets married, their will may need to be updated to reflect their new marital status<\/b>. In some jurisdictions, getting married automatically invalidates any previous wills a person may have had unless those wills were made in contemplation of the marriage.<\/span><\/p>\n

If a person dies without a valid will, their property will be distributed according to the laws of intestacy in their jurisdiction<\/b>. These laws typically prioritize spouses and children over other relatives, but the specifics can vary depending on the jurisdiction.<\/span><\/p>\n

Wills and pre-marriage planning<\/b><\/h3>\n

Another possibility is that you may be referring to <\/span>pre-marriage planning<\/span><\/a>, where a couple creates wills for married couples in anticipation of their upcoming marriage. <\/span><\/p>\n

Married couples wills can be a good idea for a couple who wants to make sure <\/span>their assets<\/span><\/a> are protected and their wishes are clear in the event of one spouse’s death.<\/span><\/p>\n

Creating wills before marriage can also help avoid any confusion or disputes between family members in the event of one spouse’s death<\/b>. This can be especially important if one or both spouses have children from previous relationships or other complicated family situations.<\/span><\/p>\n

‘’Wills for Marriage’’ could refer to updating a will after <\/b>getting married<\/b><\/a> or creating wills as part of pre-marriage planning<\/b>. However, if there’s a specific context or situation you have in mind, please let me know and I’ll do my best to provide more targeted information.<\/span><\/p>\n

What happens when you don’t have a valid will?<\/b><\/h3>\n

It is important to understand that if you don’t have a valid will when you die, your assets will likely be subject to the laws of the state. <\/span><\/p>\n

In other words, the state will determine who inherits what. This process of transferring the property to the rightful heirs is known as probate. The judge will appoint an administrator to serve as the executor (a person named in a will to manage your estate) of your estate.  <\/span><\/p>\n

It is also important to note the critical word “valid” when it comes to the will. <\/span>If a will is deemed invalid by the court, this could trigger the same action of the court assuming control.<\/b><\/p>\n

Laws related to wills vary from state to state; thus, it is important to seek out the direction of an attorney experienced with creating wills and estate planning or to seek out the respective laws of the state.<\/span><\/p>\n

<\/span>Drafting your own will<\/b><\/span><\/h2>\n

If you intend to draft your own will or looking for free wills for married couples, there are some common steps that should be taken:<\/span><\/p>\n

  1. The document should be typed or printed legibly with blue or black ink.<\/span><\/li>\n
  2. Create a heading “Last Will and Testament”<\/span><\/li>\n
  3. The first line should include your name, city, and state of residence, your date of birth, and that it is your intent to create a final will.<\/span><\/li>\n
  4. If you have a previous or existing will that you are replacing or revising, include a statement that you are revoking all former wills.<\/span><\/li>\n
  5. [If applicable] Provide the name of your spouse and the date and location of the marriage.<\/span><\/li>\n
  6. Provide the number and names of any living children that you have.<\/span><\/li>\n
  7. If you have minor children, identify who will care for them after your death. It is a good practice to provide an additional guardian for minor children in case the first chooses or is unable to act as their guardian.<\/span><\/li>\n
  8. Appoint someone to be the personal representative of your estate. It is a good practice to provide an additional person to act in this capacity if the first chooses or is unable to perform the function.<\/span><\/li>\n
  9. Create a list of all property, assets, finances, etc. that you will be giving away, to whom it will go, and any additional terms associated with the distribution. Be as specific as possible when describing the property. <\/span><\/li>\n<\/ol>

    For instance, provide the specific make, model, and year of an automobile. Also, clearly identify the individual to whom the distribution will be made including their full name and relationship to you.<\/span><\/p>\n

    1. At the bottom of the document, print your name, current city and state of residence, and date.<\/span><\/li>\n
    2. Create a line for your signature.<\/span><\/li>\n
    3. Create name, address, and signature lines for three witnesses below your signature line. Witnesses cannot be anyone named as a beneficiary in the will.<\/span><\/li>\n
    4. Sign your will in front of the three witnesses and have them provide their information and signatures  respectively.<\/span><\/li>\n<\/ol>

      \"Living<\/p>\n

      <\/span>How to talk to your spouse about making a will<\/b><\/span><\/h2>\n

      Talking to your spouse<\/span><\/a> about creating a Will is essential to ensure that your family’s financial future is secure. It is important to approach the conversation with sensitivity and understanding as it can be a difficult topic to discuss. <\/span><\/p>\n

      Start by expressing your concerns and the importance of creating a Will<\/b>. Try to understand your spouse’s reservations and address their concerns while reassuring them that creating a Will is the responsible thing to do. <\/span><\/p>\n

      Discussing important issues, such as guardianship for children and distribution of assets, can help facilitate the conversation<\/b>. Lastly, it may be helpful to seek the assistance of a professional to create the Will, which can alleviate any stress or confusion surrounding the process.<\/span><\/p>\n

      There are some financial matters that every couple needs to discuss. Watch the video to learn about them:<\/span><\/i>
      <\/span>