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You DO need a will if There are children not born to or adopted by both you and your current spouse.
In blended family situations, having separate wills allows you to designate exactly what assets to leave your own children. You may not be in 100% agreement with your spouse on how your estate should be divided/distributed after you pass away.
Making one will for two people is usually not advisable because its irrevocable after the first spouses 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.
If each spouse has their own Will, California law allows them to make new Wills after the divorce has been filed and creating the new Will does not violate the Automatic Temporary Restraining Order (ATRO) against changing beneficiaries, selling assets, etc.
The surviving spouse automatically receives all community property. Separate personal property also goes completely to the surviving spouse, while separate real property is split down the middle between the surviving spouse and the deceaseds parents, siblings or siblings descendants, in that order.
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Although married couples often share many things, such as bank accounts or the title to a property, its important that you and your spouse create your own estate planning documents. This is helpful in situations where you have individual assets or different wishes for your remains once you pass away.
In blended family situations, having separate wills allows you to designate exactly what assets to leave your own children. You may not be in 100% agreement with your spouse on how your estate should be divided/distributed after you pass away.
Since joint wills have some possible restrictions, married couples often prefer creating separate wills. In separate wills, each spouse can have identical provisions if they want, but after the first spouse dies, the surviving spouse can adjust their will to reflect the changes in their lives.
Making one will for two people is usually not advisable because its irrevocable after the first spouses 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.
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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