Delaware Mutual Will – Married Couple with Minor Children

Bahman Eslamboly

Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms

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This Delaware Will with Trust is for use by a married person (husband or wife) with minor children and includes a self-proved affidavit. It distributes the assets of the Testator (i.e. person making the Will) to the spouse if he/she survives the Testator, otherwise the assets will go to the children. If the children are minors at the time of the Testator’s death and the spouse has pre-deceased the Testator, the Will allows the appointment of a Guardian for any minor child(ren) and a Trustee to administer the minor children’s assets. The Will also creates a Trust for any minor child(ren). The Will also allows the Testator to make specific gifts to others as well. This Will is suitable for estates worth less than $1,000,000.

This attorney-prepared packet contains:
  1. Checklist and Instruction for Will – Married Person with Minor Children
  2. Information about Wills
  3. Will – Married Person with Minor Children with self-proved affidavit
State Law Compliance: This form complies with the laws of Delaware.

Delaware Mutual Will – Married Couple with Minor Children

Product Details

Product Delaware Mutual Will – Married Couple with Minor Children
Country United States
Pages 27
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Wills for Married Couples with Minor Children
Product number #19138
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

A mutual will is a legal document created by two individuals, typically spouses, that outlines how their assets will be distributed upon their deaths. It ensures that both parties agree to the terms and provides clarity on asset distribution.

This will includes provisions for appointing a guardian for minor children, ensuring that their care is managed by a trusted individual if both parents pass away. It also sets up a trust to manage the children's inheritance until they reach adulthood.

No, this mutual will is specifically designed for estates valued under $1,000,000. For larger estates, individuals may need to consider more complex estate planning strategies.

Yes, you can amend or revoke your will at any time while you are alive, as long as you follow the legal requirements for doing so in Delaware. It's advisable to consult with an attorney for significant changes.

If both spouses die without a will, Delaware's intestacy laws will dictate how assets are distributed. This could lead to outcomes that differ from your wishes, making it crucial to have a mutual will in place.

Is This Form Right For You?

Use This Form If:

  • Individuals who are married and have minor children often seek this mutual will to ensure their assets are distributed according to their wishes in the event of their passing. This document provides peace of mind by outlining clear directives for asset distribution and guardianship.
  • Situations requiring the appointment of a guardian for minor children can be addressed with this will. In the unfortunate event that both parents pass away, this document specifies who will care for the children and manage their inheritance.
  • For those with estates valued under $1,000,000, this Delaware mutual will is a cost-effective solution for estate planning. It simplifies the process of transferring assets to a surviving spouse or directly to children, minimizing potential legal complications.
  • Couples looking to make specific gifts to family members or friends can utilize this will to document their intentions clearly. This ensures that their wishes are honored and reduces the likelihood of disputes among heirs.
  • Married couples who want to establish a trust for their minor children will find this will beneficial. It not only provides for immediate asset distribution but also sets up a framework for managing those assets until the children reach adulthood.

Do Not Use If:

  • This form is not appropriate for individuals without minor children, as it specifically addresses the needs of parents planning for their children's future. In such cases, a simpler will may suffice.
  • If the estate exceeds $1,000,000, this mutual will may not meet the legal requirements for estate planning. Individuals in this situation should consult with an estate planning attorney for more complex arrangements.
  • Couples who have significant assets in multiple states may require a more comprehensive estate plan that considers the laws of each state. This mutual will is tailored for Delaware and may not be suitable for multi-state considerations.
  • In cases where there are complex family dynamics, such as blended families or estranged relationships, this form may not adequately address all potential issues. A tailored approach with legal guidance is recommended.
  • If either spouse has substantial debts or liabilities, this will may not provide adequate protection against creditors. Consulting with a financial advisor or attorney is advisable to address these concerns.

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