Does the spouse have to sign the Will of the other spouse before it is legal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does the spouse have to sign the Will of the other spouse before it is legal?
Asked on February 15, 2012 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general rule, spouses do not sign the Wills of the other spouse unless it is a joint Will. I am getting the feeling that you may be doing something with the distributon of the estate that could be challenged by your spouse in probate (either electing against the Will or a Will contest) and you want your spouse to "sign off" on it. Please make sure that you are not disinheriting your spouse and that they receive their "elective share" as per the law in your state. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.