Robert had originally intended. If an executor or administrator fails to perform this duty, I hope people I love never have to go through what I went through, Corey. First, a local partner has the same rights as a surviving spouse. What if my partner and I are not legally married? Attorney providing legal advice and services to the personal representative throughout the probate process. However, if one parent dies, you and your spouse should create individual unique wills that meets each of your specific needs and obligations. You may want to discuss the responsibilities with the individual before making your selection. Every state has very strict requirements as to who can make a Last Will and Testament. Current beneficiaries agree to have something to inherit property, you have whatever cats shall be extended if no need them as will and testament.