Legal Question in Family Law in Maryland
Husband and wife will
If a husband and wife have prepared a valid will, but one spouse wants to make a new one without the signature of the other party, does that negate the original will?
2 Answers from Attorneys
Re: Husband and wife will
Correct me if I am mistaken, but it sounds as though you have prepared one will for the both of you -- otherwise, why would you need the spouse's signature on your will? If this is the case, your wills must be redone -- one for each of you. Once a new will is executed, any prior will should be destroyed as it is no longer valid. Please have an attorney prepare this for you. Call if I can be of assistance.
Re: Husband and wife will
Depending on who dies first and whether that person completes the legal documents, the outcome can change. It appears from your question that you and your spouse have disagreement as to how your collective property is to resolve after your death(s).
An after-made last will and testament will have legal effect. Meaning that a last will and testament made outside of the knowledge of another spouse has effect, but such effect is limited by law. A spousal share can be elected against the resulting estate. This may or may not be preferred given your situation.
Contact an attorney for assistance.
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