Legal Question in Wills and Trusts in New Hampshire

Re: Wills

Typically, one of the Wills will have language stating it is superior to the other in the event of simultaneous deaths or deaths within a stated time period.

Re: Wills

Your situation is not unusual. There are several different possibilities, but it is best if the desired sequence is stated clearly in the will, and or if there are mirror provisions in the two wills.

If you both die simultaneously, and you are joint owners of your house, you would each be deemed to have survived the other with respect to half the joint property. Those shares would then be controlled by your respective wills. (I.e., half of the house would be in each estate.)

Otherwise, using statutory provisions, you would need to survive for five days, otherwise the surviving spouse is deemed not to have survived. It is not unusual to modify this by will to make the required period of survivorship a full thirty days. As the other attorney mentioned, it is also possible to have a provision providing that one of the spouses will be deemed to survive the other, in case of simultaneous death.

Because of the complexity of a "blended families" situation, you are especially encouraged to seek out experienced legal counsel, who can go over the various scenarios with you so that you can both acheive your desired result.

While you should never use a "form will" for estate planning, it applies particularly in your situation.

Please feel free to contact my office if you would like to set up an appointment (in Concord, NH or Wellesley, MA).