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Californias Inheritance Laws for Spouses ing to state law, a married persons estate consists of their separate property and half of the marital assets. The other half belongs to their partner automatically. Only the decedents share of the assets is considered for inheritance.
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.
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.
Joint wills streamline estate planning by combining two peoples last will and testament into one document. A joint will typically becomes irrevocable upon the death of one spouse, limiting flexibility for the survivor. Joint wills can be beneficial for couples with simple estates and aligned goals.
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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In most cases, no matter what a loved one wrote in their will, their spouse is still entitled to a portion of the estate ing to state probate law. A person is legally entitled to make a will without notifying their spouse or revealing the contents to them.

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