Can Married Couples Draft a Joint Will in Florida?
If you and your spouse have already started talking about estate planning and how you want your property distributed after you pass away, you may have already considered the possibility of drafting a joint will. Many couples think about writing a joint will because they are worried about the increased cost of writing two separate documents, or because they believe two wills could result in inconsistencies.
While a joint will may sound like it has many benefits, this is not possible in Florida. Below, our New Port Richey wills attorney explains in further detail.
Joint Wills are Not Recognized in Florida
The law in Florida does not recognize joint wills that are signed by a married couple. A will is considered to be one person’s declaration of their wishes and so, it is not possible for one document to cover two people. Instead, each spouse must make their own decisions and make these formally known in an individual will.
While married couples cannot create a joint will, they can create mirror image wills. These are separate wills written individually and signed by each spouse but the terms of one largely reflect the terms of the other. For example, you and your spouse may leave certain types of property to specific children while leaving the family home to each other.
Why Create Separate Wills?
Aside from the fact that the law in Florida does not legally recognize joint wills, other practical reasons include:
- Adaptability: Again, the circumstances of a surviving spouse may change after their partner passes away.
- Clarity: Most people do not pass away at the same time as their spouse. Having separate wills allows the court to oversee the process without confusion or ambiguity.
- Children from a previous relationship: If you or your spouse has children from a previous relationship, or you want better protection for their inheritances, a separate will provides for better customization.
Our Wills Attorney in New Port Richey Can Execute Your Documents
At Messina Law Group, P.A., our New Port Richey wills attorney can meet with you and your spouse, understand your goals, and ensure that both of your documents are properly executed so you and your family are protected. Call us at (813) 492-7798 or contact us online to request a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
