Santa Ana, CA asked in Real Estate Law, Divorce and Estate Planning for Arizona

Q: 1. Can a married couple file their our Will for distribution of half and half of our property?

The are specific in the Will about sealing and distributing the items and monies? Due to having started with a blended family.

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: Wills do not get "filed" anywhere until after the testator/testatrix passes; until then they are private.

Planning for blended families can be complicated, especially if both spouses want to provide for the surviving spouse but still protect the inheritance of the children of the first spouse to die. If that is what is concerning you, you REALLY need to meet with an experienced estate planning attorney. This is not a do-it-yourself project. Please do your children a favor and do this the right way, with the assistance of an attorney. It breaks my heart every time I read a question in this forum from a disinherited child wondering how it happened that his/her deceased parent left everything to his or her spouse and then that spouse left everything to his or her children and nothing to the deceased spouse's children. The question usually is, "Is that legal?" The answer it is "legal" and poor planning at the same time.

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