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I have a living trust with myself and my husband as the

trustees. Should we have two...
I have a living trust with myself and my husband as the trustees. Should we have two pour over wills? or a joint one?
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Answered in 3 minutes by:
10/12/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 17,525
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

It's best to have two. Joint wills can be problematic unless you're currently AND always in agreement with your spouse as to what is going to happen, who is going to be the trustee, etc... And it's easier to challenge a joint will than an individual one. So if I were in your position, you should each have individual pour-over wills.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Customer reply replied 3 months ago
Let say one passes away first, what will happened to the his/her will? will the residual estates held under the trust and surviving grantor/trustee oversees the trust?

It depends upon the terms of the will. Typically the will doesn't take effect until both pass, but when one passes, the other really can't do anything with the estate or assets in the estate.

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Customer reply replied 3 months ago
my husband disinherit a child from a previous marriage on his P.OV. Will, does he need to state a reason? also, do I also have to mention anything about his intentions in my will? Thank you!

No ,no reason is needed. You don't have to mention anything about his intentions in your will.

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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 17,525
Experience: Licensed Texas General Practice Attorney
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