If you are married, you and your spouse may have similar wishes when it comes to your estate plans. This is where a mirror will may come into play. Continue reading to learn what a mirror will is and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning can help you determine whether this is the best option for you.
What does a mirror will consist of?
As the name suggests, your mirror will can “mirror” that of your spouse. So, this may allow you to leave the majority of your separate assets to your spouse, and vice versa. This may also allow you and your spouse to leave your marital assets to the same beneficiaries once you have both passed on.
In addition, a mirror will allows you and your spouse to decide on the guardian to raise your children once you have both passed on. Though, selecting the same guardian is not required. This also allows you and your spouse to name each other as the executors of each other’s will. Though, selecting each other is not required if you do not believe that the other can perform the duties of an executor.
As a general note, you do not need to be married to be eligible for a mirror will. Rather, unmarried, long-term couples tend to utilize this estate planning tool if they find themselves having the same or similar wants and needs.
Is this type of will best for my spouse and me?
With that being said, you and your spouse should utilize a mirror will if any of the following circumstances are applicable:
- You and your spouse are unable to create a joint will, which is a single document that you both sign.
- You and your spouse do not share children to name as beneficiaries, which prompts you to name each other as beneficiaries.
- You and your spouse are in complete agreement about how your property will be distributed once you have both passed on.
On the other hand, it may not be in your best interest for you and your spouse to opt for a mirror will if any of the following circumstances are applicable:
- You and your spouse married later on in life and each has many personal assets that you wish to protect.
- You and your spouse have a blended family with varying beneficiaries to take care of.
- You believe that you and your spouse may get a separation or a divorce in the near future.
In the end, we recommend that you consult with one of the skilled Butler County estate planning and probate attorneys as soon as possible. Schedule your initial consultation with us today.