If my husband dies5 minutes before me, how do I write my holographic Will to protect my heirs?

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If my husband dies5 minutes before me, how do I write my holographic Will to protect my heirs?

It is my understanding that I would inherit his estate and that combined estate (his and mine) would then be mine to distribute. Is this true?

Asked on December 13, 2011 under Estate Planning, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states, the issue of who inherits between two people who pass away on the same day where they give each other all thier assets is determined by the fact that the person who outlives the other is the survivor between the two.

In your situation, I would simply write out your holographic Will as though you want to assets you have upon death to go to those that survive you including your husband if you choose to give him anything. I suggest that you consult with a Wills and trust attorney as to having a formal typed up Will created as opposed to a holographic Will to prevent possible problems down the road.


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