Legal Question in Wills and Trusts in Maryland

Can a wife and Husband have separate will to cover their estate if they both go at same time

Asked on 2/25/11, 7:44 am

1 Answer from Attorneys

Charles Stewart Law Office of Charles R. Stewart, LLC

Not only can they, they should. One problem, however, can be jointly titled property. Since you don't want the joint property in an endless loop between the spouses, attorneys usually write wills such that one spouse is said to have predeceased the other. The property is then distributed according to the other's will. If you have specific bequests you want to go directly to a beneficiary and not through the spouse's Will, a Trust may be in order. In any case, consulting with an attorney would be wise.

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Answered on 2/25/11, 8:03 am

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