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Does Massachusetts Allow Husband and Wife to Have a Joint Will?

Posted on: March 11th, 2015

No, in Massachusetts you can not have a joint will with your spouse.  You and your spouse each need to make separate wills regardless if you own all of your property jointly.  When one dies, the property will pass to the survivor and the survivor will become the sole owner of the property.  Because of this and the fact that there is no way of knowing who will die first, both spouses need a will.  Furthermore, one may own property that is not held jointly with their spouse that they are not aware of.

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