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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Boyfriend and I have lived together 20 years. Both

Customer Question

Boyfriend and I have lived together for over 20 years. Both of us wish for the other to inherit each others assets after death and or be quardian to each other if a medical case arises. Can we file a joint living will?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Yes, there is no restriction that the parties be married to form a joint will (or a joint trust for that matter).
The main problem is that once the first party dies, that can tie the property up for years, until the second party passes; and that can be a problem, whether married or not (for example, if there are other third parties that the couple would like to leave their property to). Also, the joint will specifies who the property will be left to when both pass, and that can create a problem if one outlives the other for a lengthy period of time (for example, if the joint will leaves the property to a third party because of their financial need, and then years later that person no longer has that need; the surviving partner cannot, without great difficulty and expense involving court, change the terms of the will, because it becomes a binding contract once the first partner dies).
Expert:  LegalGems replied 1 year ago.
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