How Do I Designate Property in a Will Should I Outlive My Spouse and Child?

Creating an Addendum to a Last Will & Testament can be used to change asset distribution should a Maker outlive a spouse or children. An Addendum could also be used to name a new Executor who is not a spouse.

The language in the Standard Legal ‘Will for Married Persons with Children’ provides:

Real Property. Unless otherwise transferred or transferable by operation of law or by or through the terms of a written deed, I give and devise to my Spouse all of my interest in any and all real property and real estate maintained by me, whether as a residence (permanent or seasonal) or otherwise, together with all improvements thereon, but subject to any mortgages, liens or encumbrances, if my Spouse survives me. If my Spouse does not survive me, I give and devise such real property to my Children, in equal shares, share and share alike.

To accomplish a further distribution of property, the Maker of the Will could prepare the Addendum and reference the Section of the Will containing the language above (e.g. ITEM III) and then indicate something to the effect that, “In the event of the death of both my spouse and child/children, I give and devise all of my real property to [NAME OF PERSON].”

Other similar language could also be used.

A provision could also be added to the same Addendum refereeing the section of the Will regarding the Executor and indicating something to the effect that, “in the event of the death of my spouse, [NAME OF PERSON] shall be named as alternate Executor of my Will.”

The Standard Legal Addendum is included with the software as a fillable .pdf that you can download and use as part of your purchase. See the Will software details here.