Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children - South Dakota 2025

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The Drawbacks of Joint Wills Lack of Flexibility: One of the main issues with joint wills is their inflexibility. Once one spouse passes away, the surviving spouse cannot alter the will. This could pose challenges if circumstances change, such as the birth of new grandchildren or changes in financial status.
A South Dakota will must be filed with the probate court in order to open an estate. Once the will is proven, the executor can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.
The law requires that the maker of the will be at least 18 years old and of sound mind. The will must be written, signed, and witnessed by two or more individuals. No witnesses are necessary if the will is dated and if the signature and material portions of the will are in the handwriting of the person making the will.
Potential Problems With Irrevocable Joint Wills Today, estate planning lawyers advise against joint wills, and they are now rarely used. Most lawyers will tell you that married couples need separate wills, or they will point you to different types of trusts.
However, there are significant disadvantages to mutual wills. First, they heavily restrict a surviving spouses choices. As they cannot validly revoke the mutual will, they are stuck with it for the rest of their life.
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A joint will is a single document signed by two people (typically spouses) that serves as the will for both individuals. Mutual wills are separate documents created by two people with reciprocal terms, often with an agreement that the surviving person wont change their will after the first person dies.

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