Should Married Couples Write Their Own Wills?
Many spouses talk to each other about what they would like to happen to their property after they pass away. This is particularly true as people start to get older. Many spouses share property, such as the marital home, and so they think that they can create a joint will. Other couples often worry about the additional cost of writing two wills, while some are concerned that two separate wills could result in inconsistencies.
Put simply, it is not possible for couples to draft a joint will in Florida. Below, our New Port Richey wills lawyer explains in greater detail.
Mirror Image Wills and Mutual Will Agreements
Florida does not recognize joint wills created by married couples because these legal documents are considered a declaration of one’s personal wishes. As such, spouses must make individual decisions and make those formally known within their own will.
Married spouses do have an option though, to create wills that are nearly identical to each other. Appropriately, these documents are commonly known as mirror image wills. With a mirror image will, each person writes and signs their own document. The provisions within each will, however, reflect the terms in the other’s document. For example, you and your spouse may leave the marital home to each other and give other items to your children.
Mutual will agreements are also legally recognized in Florida. These agreements are separate documents that prohibit the terms in both wills from being modified. Mutual will agreements are largely used to protect inheritances meant for children from a previous relationship. It is important to note before drafting a mutual will agreement that if you survive your spouse, your circumstances may change but you will not be able to make changes to your will. As such, there is a certain risk with these documents.
Why Create Separate Wills?
In addition to ensuring that your wishes are legally documented and enforceable, there are other benefits of creating separate wills. These are as follows:
- Adaptability: If your spouse passes away before you, family dynamics may change, and even your wishes may be different than they were several years, or even decades, ago. If you have not signed a mutual will agreement, you can change your will after experiencing these changes.
- Clarity: Most people do not pass away at the same time as their spouse. A separate will helps the probate court to oversee the process without confusion or ambiguity.
- Children from a previous relationship: If you or your spouse have children from a previous relationship and you want to ensure their inheritances are protected, a separate will can allow you to tailor your wishes to your unique circumstances.
Call Our Wills Lawyer in New Port Richey for Help Today
If you and your spouse are planning for the future and have not yet drafted the necessary documents, our New Port Richey wills lawyer at Messina Law Group, P.A. can help. Call us today at (813) 492-7798 or contact us online to schedule a consultation and to learn more about how we can help protect your future.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.502.html&_ga=2.138961651.152988882.1584990142-1755332197.1584990142
