If my husband and I die together in an accident, how will our separate Wills work?

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If my husband and I die together in an accident, how will our separate Wills work?

My husband has a daughter from his first marriage. I have siblings. How do we insure that our property is split equally between both sides of our family?

Asked on May 30, 2012 under Estate Planning, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

How you write your wills will determine the legal status of your death.  In many Wills there is a clause that states that if you are to die simultaneously then one will have been deemed to pre decease the other or that you have been deemed to die simultaneously or what ever you wish. If you have separate Wills that do not take each other in to account then what will happen if you die together is that there will have to be a determination as to who died first.  I would have your Wills looked at again by an attorney.  Good luck.


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