Can I Will the Home I Own Individually to the Children from My First Marriage if My Current Husband Agrees?

For such an situation, you can use Standard Legal’s Last Will and Testament document with the “Specific Gifting Provisions” to specify exactly who receives what assets when you die.

However, as discussed in the instructions provided within the Will legal forms software, be aware that in many states a spouse can choose to “elect against the Will” if a certain percentage of the deceased spouses’ estate is not bequeathed to the surviving spouse (the percentages typically range from 30% to 50% of the estate).

An ‘election against a Will’ is a voluntary process that a surviving spouse can exercise if he or she chooses. But if the spouse is in agreement with the Will terms as written, there should be no issue.

See Standard Legal’s Last Will and Testament legal forms software page for purchase details.