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When a husband passes away in Arizona, the wife typically has certain rights regarding the estate. If there is a will in place, the terms outlined will dictate the distributions. However, without a will, the Arizona Agreement to Execute Mutual or Joint and Mutual Will by Husband and Wife with Estate to Survivor can assist in determining her entitlements and ensure her rightful claim to the estate.
Mutual Wills are a useful mechanism for testators (particularly spouses and partners) who have agreed on how their properties should be dealt with after their demise and are comfortable waiving their right to amend their bequests in the future except as agreed upon in the Mutual Wills.
Mutual wills cannot be altered after one partner passes away That's not to say mutual wills or mirror wills can't be changed or even revoked, and you can still update your will, if necessary. However, both parties must be present and consent to any new changes. Any change to one will is then reflected in the other.
A joint will is one document signed by two people. A mutual will represents two individual wills that are signed separately, but are largely the same in content.
Generally speaking, there are three kinds of Wills: (1) holographicwritten entirely in the handwriting of the person writing the Will; (2) standard, formal typewrittenprinted or typed; and (3) partially handwritten and partially typed. The requirements for a valid Will are different for each type of Will.
Outright distribution. You and your spouse may have one of the most common types of estate plans between married couples, which is a simple will leaving everything to each other. With this type of plan, you leave all of your assets outright to your surviving spouse.
A joint will can be executed with each other or with the third person in accordance with a proper agreement or contract in order to transfer or dispose of the property. A joint will can be made with another person through an agreement but it cannot be revoked by one testator.
As per the law, the joint assets are owned by both individuals hence both individuals i.e. husband & wife should make a Will either two separate Wills or one single Joint Will.
If I have a will, does my spouse need one? The answer is yes everyone should have a will! If you're married, you and your spouse can have separate (or joint) wills that you sign yourselves. This way, if something were to happen to one of you, there's no room for ambiguity or confusion.
A joint will has advantages. Since a joint will allows for the estate to pass first to the other spouse and then to the children, a joint will prevents the estate from passing to someone unrelated to the family. Spouses can mutually consent to revoke a joint will during their lifetime.