Is a joint will legal?

[cat13]

What is the name of your state? Utah

Hi,

My husband and I want a very simple will that will identify guardianship for our children if we both die. Is it legal in Utah to have a joint will, or do we need to have individual wills? As I'm creating them (from free forms online) it seems redundant to me for the wills to be separate, as they are saying exactly the same thing. If it is legal to have a joint will, can anyone point me toward the template format online that will be legal in Utah?What is the name of your state?

 

[BelizeBreeze]

What is the name of your state? Utah

Hi,

My husband and I want a very simple will that will identify guardianship for our children if we both die. Is it legal in Utah to have a joint will, or do we need to have individual wills? As I'm creating them (from free forms online) it seems redundant to me for the wills to be separate, as they are saying exactly the same thing. If it is legal to have a joint will, can anyone point me toward the template format online that will be legal in Utah?What is the name of your state?

The will you are contemplating is Invalid in all 50 states.

 

[cat13]

Is there any simplified answer that a lay-person might understand as to why it is invalid? It seems that a clause at the beginning about the will going into effect upon simultaneous death of both individuals, or upon the death of the last surviving, might take care of the the issue and make a lot less paperwork.

 

[BelizeBreeze]

Is there any simplified answer that a lay-person might understand as to why it is invalid? It seems that a clause at the beginning about the will going into effect upon simultaneous death of both individuals, or upon the death of the last surviving, might take care of the the issue and make a lot less paperwork.

Because your children are not property. They cannot be 'willed' .

So, your next step is to contact an attorney to help you file for a 'Standby Guardianship' for whomever you select, make sure they are qualified and go forth.

 

[cat13]

...so the following, copied from a form stated for use as a legal will in Utah, isn't valid?

III. GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint ____________________________________ as Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I appoint ____________________________________ as alternate Guardian.

As I am not an attorney, and had seen a similar clause in my parent's will, I didn't question the legality of naming a Guardian through a will. My uneducated assumption was that it was common practice, but I'm wrong?

My question was more to whether it is legal to have one will for two married individuals instead of two separate wills.

 

[BelizeBreeze]

what happens if you both die in an auto accident? Do you want your child to become a ward of the state?

Look into a standby guardianship and leave the will construction to an attorney NOT a print house.