Mutual Wills Package with Last Wills and Testaments for Married Couple with Adult Children - New Jersey 2025

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A person is legally entitled to make a will without notifying their spouse or revealing the contents to them. However, a will that intentionally states that the surviving spouse receives nothing or in which the spouse goes unmentioned is rarely legally binding.
What if a spouse dies with a will? If your spouse left a will, then, for the most part, their assets will be distributed ing to the terms of that will. However, in a community property state, like California or Texas, all assets acquired during the marriage are presumed to be owned equally by both spouses.
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. during a California divorce.
Some couples think that they can have one joint will together, but this is not a sound approach. Spouses need separate wills. Even if the majority of the information in your wills is nearly identical, you still need to each have your own.
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.
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Both spouses need to have a Will because even though the surviving spouse will become the outright owner of the property, they will need a Will to direct its disposition after their death. Since its impossible to predict which spouse will pass away first, having a Will is crucial for both individuals.

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