If my wife and I don’t have a Will but we have both have children from previous marriages, how should we proceed?

UPDATED: Mar 12, 2015

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If my wife and I don’t have a Will but we have both have children from previous marriages, how should we proceed?

We would like to have a simple Will in the event we both died at the same time. There is no real estate, most life insurance policies that we would want to distribute.

Asked on March 12, 2015 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer is what you state: draft a simple will, or better yet, have an attorney draft a simple will, which can be identical for the two of you except as to beneficiaries (e.g. you leave to your children, she leaves to hers) and which addresses the issue of simultaneously passing. A simple will can generally be done for a few hundred dollars and will make sure your estate and life insurance goes where you'd like it to. At the same time, you can the attorney address any other medical or life planning needs (like what happens if you become incapacitated). You can, of course draft your own will, but minor mistakes can invalidate your will, or leave it having not the intended effect; hiring an attorney to help you is a good investment.

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