Pres. Clinton proclamation that both couple must sign wills and transfer to become legal, is it still valid?

Question

IF REAL ESTATE PROPERTY IS IN THE NAME OF THE HUSBAND ONLY, SHALL WILLS AND TRANSFER BE VALID WITHOUT THE SIGNATURE OF THE WIFE? THERE WAS A PRESIDENTIAL PROCLAMATION BY PRES. CLINTON THAT BOTH SPOUSES MUST SIGN THE PAPERS FOR SUCH TO BE VALID. WHAT HAPPEN WITH THAT LAW? WHERE MAY I FIND A COPY?

Answer 1

There seems to be some confusion in your question. The laws pertaining to wills are set forth by the individual states, not by the federal government. The federal government may have laws regarding the taxation of an estate, but it will not dictate the requirements for a will.

Whether your wife's signature would be required to transfer the real property depends upon which state you live in. Several states, including California, Washington and Arizona are Community Property states, which influences the title to property acquired during the course of a marriage.

Your best bet, particularly if you are interested in preparing a valid will, would be to consult an attorney, or check out a local legal aid organization.

Answer 2

It does not matter in states that do not have either Dower or Curtesy. Clinton is from Arkansas. Arkansas has a Dower Right. What this Dower does is gives the spouse of the deceased a 1/3 interest in all property owned during the marriage, even if that property is then sold. When the decedent's spouse does not sign away their rights at sale, the rights are preserved, which greatly burdens anyone who subsequently purchases the land. Most states have done away with Dower and Curtesy, but Arkansas has not. I believe there is at least one other state where this applies.