Estate Planning for Newly Married Couples

As an experienced Folsom estate planning attorney, I have worked with a countless number of individuals from different walks of life. There was a time when estate planning tended to be the arena of people near, or at, retirement age, but that has significantly changed in recent years. Newly married couples and young professionals now actively seek estate planning so that they can control their futures, finances and families. As such, estate planning for newly married couples has become an essential step in ensuring that financial assets and personal wishes are protected. Here are some key considerations and steps for estate planning as a newly married couple:

1. Open and Honest Communication:
   • Start by having an open and honest conversation with your spouse about your individual and shared financial goals, priorities, and concerns. Understanding each other’s financial situations and values is crucial.
2. Create or Update Your Wills:
   • If you don’t already have wills in place, now is the time to create them. These documents allow you to specify how your assets should be distributed upon your passing. In your wills, you can name beneficiaries, designate an executor, and even make arrangements for the care of minor children if necessary. 
3. Review Beneficiary Designations:
   • Review and update the beneficiary designations on your retirement accounts, life insurance policies, and other financial assets. Ensure that your spouse is named as the primary beneficiary if that is your intention.
4. Consider a Revocable Living Trust:
   • Depending on your financial situation and goals, you may want to consider establishing a revocable living trust. This type of trust can help manage your assets during your lifetime and provide for a seamless transfer of assets to your spouse or other beneficiaries upon your passing, avoiding the probate process. The primary benefit of a living trust compared to a will is that it takes immediate effect. Conversely, a will only takes effect at death.
5. Healthcare and Financial Powers of Attorney:
   • Appoint agents through durable powers of attorney for healthcare and finances. These documents grant your spouse the authority to make medical and financial decisions on your behalf if you become incapacitated.
6. Guardianship for Minor Children:
   • If you have minor children, decide on and name guardians who will take care of them in the event that both you and your spouse pass away. This decision should be documented in your wills.
7. Estate Tax Planning:
   • Depending on the value of your combined assets, you may want to engage in estate tax planning to minimize potential estate tax liability. Consulting with a tax professional, in addition to an estate planning attorney, is advisable.  
8. Life Insurance:
   • Evaluate whether life insurance is necessary to provide financial security for your spouse and any dependents. Life insurance can be used to replace income, pay off debts, and cover future expenses.
9. Update Legal Documents:
   • Update other legal documents, such as your healthcare directives and living wills, to ensure they reflect your wishes with your spouse as your primary decision-maker.
10. Beneficiary Designations on Personal Belongings:
    • Consider designating beneficiaries or making a list of who should receive specific personal belongings, such as jewelry, family heirlooms, or sentimental items.
11. Regular Review:
    • Periodically review and update your estate plan as your financial situation, family circumstances, and wishes evolve.

Conclusion

Estate planning is a proactive and essential step for couples, whether you are newly married or have been together for years. Proper estate planning can provide peace of mind, protect your loved ones, and ensure that your assets are distributed according to your wishes. Under the guidance of an experienced estate planning lawyer in Folsom, you can create or update your estate plan to align with your unique needs and goals. If you are newly married and have questions about estate planning, contact Thapar Law at 916-579-0605 or send us a message.