QUESTION
Can a married woman set up a trust or will that is separate from her husband? The husband is not very cooperative when it comes to estate planning.
Asked on Jul 31st, 2020 on Estate Planning - Maryland
More details to this question:
Can a will and/or trust to handle my two homes if something happens to one of two spouses? My father won't cooperate when it comes to estate planning. Can my mother set up a trust or will, health care directives, power of attorney (who is not her husband) that handles what happens to the two homes they own, in addition to bank accounts, etc.? This is to reduce real estate taxes, probate, etc. Is there a flat fee to do this as a package or are documents charged separately in addition to hourly attorney's fees ? What is the process and how long does this take? Is the spouse signature needed on any of these documents? Thank you.
1 ANSWER
2 Awards
A spouse must have her own Will, health care directives and power of attorney and can have her own trust. Naturally, the Will and the trust can only dispose of her interest in property. Her spouse's signature is only needed on a waiver of spousal rights to a 401k sent to the plan administrator.
Attorneys differ in how they charge, how much they charge and how long they take.
Answered on Aug 01st, 2020 at 5:10 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.