Wills: Married Person with Children from Prior Marriage.

These Wills are for a married person who has a child or children from a prior marriage or whose spouse has children from a prior marriage. These are not joint Wills; each spouse must execute his or her own individual Will.  If you would like to prepare Wills for both spouses at this time, please see forms for Reciprocal Wills which will prepare two Wills with the same estate plan at a discount.  

These Will forms provide that:

  • An estate will pass to a surviving spouse; and
  • If there is not a surviving spouse, then the estate will pass in equal shares to all the children of both spouses whether common to the marriage or from prior marriages; and
  • If any of these children predecease the testator, the share of the predeceased child will pass to his or her issue (grandchildren of the testator).
  • In other words, these Will forms treat the children of both husband and wife the same as if they were their natural children.
  • If any child predeceases you without leaving children of his or her own, then that child’s share will pass to your other child/ren.
  • There is an option to name a guardian for minor children and an alternate guardian if the first nominee cannot act.  There is also an option to name a third alternate guardian if the first and second choice cannot to act for any reason. You do not have to select a third alternate.
  • The Will nominates a personal representative (executor) and an alternate personal representative.  The first personal representative can be the spouse of the person executing the Will. There is an option to name a third alternate personal representative, if the first and second choice is unable to serve for any reason. You do not have to select a third alternate.

If you wish to make specific gifts or apportion shares between children in a different manner, please consult a legal professional. This Will form will not provide that result.

A Will can be revoked in its entirety or amended by a codicil. Married couples with children from prior marriages and/or separate property may wish to use other estate planning tools to achieve different purposes than those provided in the Library’s Will forms and to insure that inheritance or specific property will pass to their children.  It can be very helpful to consult with legal professional in these circumstances, especially if the husband and wife have separate property in addition to community property acquired during marriage. Because Wills can be revoked and changed at any time, including after the death of one spouse, you may choose to take more sophisticated steps to guarantee that an agreed property distribution remains fixed.  The forms in this Library to not guarantee that a surviving spouse will not change a Will or the property distribution.  Married couples sometimes elect to sign a separate written agreement which accompanies a Will where they each agree that the survivor will not to change his or her Will after the first to die in order to insure the inheritance of all the children remains in place.

 

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