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

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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.
A joint will, or mutual will, is a single will created by two people, usually created between spouses. It is signed by both parties and can also have an irrevocable clause. This kind of clause on a joint will means that even if one spouse passes away, the surviving spouse cannot change the will or create a new one.
Similar to a Joint Will, a Mirror Will is near-identical for each person involved. This is often the preferred choice for married couples because it offers more flexibility in altering the will, but ensures that distributions are left to the same beneficiaries in similar proportions, such as children, says Stone.
In almost all circumstances, a married couple should have two separate wills. There is the option of a joint will but in practice these are very rare and are treated as two separate wills by the courts anyway; the will is submitted for probate when the first testator dies and then again for each other testator.
A joint will is essentially a single will that two people, usually spouses, create together, agreeing on how their assets should be distributed upon their deaths. This approach to estate planning can simplify decision-making and provide clarity and security for the future.
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To clarify, a joint will is different from a mutual will. A joint will is one document signed by two people. A mutual will represents two individual wills that are signed separately, but are largely the same in content.
For instance, if youre married, the most common way to title your home is Tenancy by the Entirety (TBE). That endows survivorship rights, some creditor protection, and allows for transfers only with the consent of both spouses.
If they are a married couple with children, often both wills also state that their children will receive the remaining property after both spouses are dead.) Mirror wills can sometimes also contain an agreement between the spouses that neither spouse will revoke their individual will.

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