Author: Viktoriya Samoylova
Estate Planning for Married Couples
Estate planning for a married couple involves making arrangements to protect and distribute assets in the event of one or both spouses’ incapacitation or death. Here are some steps to consider when creating an estate plan for a married couple:
Define Your Goals:
Begin by discussing your goals and objectives as a couple. Determine how you want your assets to be distributed, who will make decisions on your behalf if you become incapacitated, and any specific wishes you have for your estate.
Take Stock of Assets:
Compile a comprehensive list of your assets, including bank accounts, investments, real estate, retirement accounts, life insurance policies, and personal belongings. Determine the value of each asset and consider how you want them distributed.
Create Wills:
Each spouse should have an individual will that outlines their wishes for asset distribution, designates an executor to manage the estate, and appoints a guardian for minor children if applicable. Wills can also include specific bequests and instructions for funeral arrangements.
Establish Power of Attorney:
Grant power of attorney to a trusted individual to handle financial and legal matters on your behalf if you become incapacitated. You can designate separate powers of attorney for healthcare decisions and financial matters, or choose the same person for both roles.
Consider a Revocable Trust:
A revocable living trust can be beneficial for married couples. It allows you to transfer assets into a trust, retain control over them during your lifetime, and designate beneficiaries to inherit them upon your death. The trust can help avoid probate and provide flexibility in managing and distributing assets.
Review Beneficiary Designations:
Ensure that the beneficiaries listed on your life insurance policies, retirement accounts, and other accounts are up to date and aligned with your estate planning goals. These designations generally override the instructions in your will, so it’s crucial to review them periodically.
Plan for Long-Term Care:
Consider the potential need for long-term care and explore options for financing it. Long-term care insurance or establishing a plan for Medicaid eligibility can help protect your assets in the event of significant healthcare costs.
Review and Update Regularly:
Estate plans should be reviewed periodically, especially after significant life events such as marriage, divorce, birth, or death. Ensure that your estate plan reflects your current wishes and circumstances.
Seek Professional Advice:
Estate planning can be complex, so consult an experienced estate planning attorney or a financial advisor specializing in estate planning. They can guide you through the process, help you understand tax implications, and ensure your estate plan is legally valid and comprehensive.
Remember, estate planning is highly individualized, and what works for one couple may not work for another. Tailor your estate plan to your unique needs and consult professionals to ensure your wishes are properly documented and legally protected.
