If the surviving spouse left a will would that be valid for both estates?

Question

My mom died without a will, and before my father died he made sure that he made out a will that included both of there wishes. Would that be valid?

Thomas Phipps · Answer

No.  Each person has to sign his or her own individual will.

Victor Waid · Answer

Depends on how the will is written, and what happened to your mom's estate, and how the property was titled.

Gregory Bosse · Answer

When your Mom died without a will most, if not all, of her property would probably have gone to your father. I would need more details of the property your Mom had an interest in at the time of her death. Your Father's will would be valid as to all property he had control or ownership over at the time of his death.  But if, when your Mom died, items of her property should have gone to other parties pursuant to Probate Code 6401 then nothing your Father did would change that.

Christine James · Answer

Not for your mom.  If she died second, her estate would be probated through the laws of intestacy.  See a probate attorney.  At James Law Group we make every effort to respond to you quickly and efficiently.  This means we may be responding to you from a mobile device.  As you know, responding on these devices can result in typographical errors that my otherwise not occur.  In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.    The content of this message is protected by attorney-client privilege.

Jayne Sebby · Answer

A will can only represent the wishes of one person.  Your mother's estate would have to be settled by the state's intestacy laws.  Your father's will would only apply to his own estate.

Brian Haggerty · Answer

Not in Oregon. Wills used to be "joint wills," but they were properly executed by both spouses. Your father's will would only be valid for his estate. If your mom died without a will, then there are statutes that cover how her estate passes.

Nathan Wagner · Answer

His will is only valid for his estate. It would not affect how your mother's assets are distributed (but it might affect whether an asset belonged to her, and thus affect what passes through her estate).

Dara J. Goldsmith · Answer

It depends. If everything transferred to your father when your mother died, then yes. I urge you to sit down with a probate attorney to address the issues. If she had separate property, or assets solely in her name, then that would not necessarily be the case. Also there may be two probates required, depending on the titling. Again please meet with counsel to address the specifics.

Mark T. Peters · Answer

Only for his interest in her property, not for property that would go to somebody else. Having said that, more than likely, he would be the person to inherit her property. In that case, what he says in his will goes, because now it is his property.

James Weiner · Answer

If your mom died without a will generally your father gets 100% of her assets. (Unless she had children that were not fathered by your father)If your dad died with a will after she passed. His will is his wishes. Just because he says it incorporates her wishes does not mean anything. Look at it as a legal nullity but that your dad loved your mom and wants to honor her.

James Frederick · Answer

The Will would be valid, but only as your father's Will. It is likely that he was the sole owner of all of the assets of both he and your mother. So it may be a distinction without difference. But if he made this as a homemade Will and tried to set it up as some kind of "joint Will" or something, there is a chance it might not be valid. An attorney really needs to review the document to be sure it was properly executed and is admissible under Michigan law.

James Maguire · Answer

It would be valid for his assets, but not for your mother's.

Thomas Edward Gates · Answer

No, only the individual's estate can be the make up of the will.  However, since your mom died intestate (without a will), your father would have likely gotten her portion of the communal estate.  Hence, mentioning them both in his will does not present any harm.

Bernard H. Greenberg · Answer

Your father's Will is only valid for his own estate.

David Leon · Answer

Once your mom died, her assets belonged to her heirs. You can't make a will for someone after they die. Your father may have been the heir (I don't know all the facts) but if his will is valid, he can dispose of his property any way he chooses.

Norman Green · Answer

When your mother died, all of her community property and some of the separate property, if any, passed to your father.  The rest of her separate property passed to her issue.  Your father's will governs all of his assets, including the parts that he inherited from your mother.

Ben Liu · Answer

Your father's will can only control his estate, especially if your mother did not sign it.?

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If the surviving spouse left a will would that be valid for both estates?

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