Estate Planning For the Newly Married

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newlyweds 91024Now is the perfect time to start working on an estate plan—because, as newlyweds, you may not have a list of your accounts, but you’ve effectively just done a working inventory of your possessions—as you’ve figured out how to consolidate two households into one. You’ve already been working on the new banking and shared responsibility of bills and taxes and so forth.

Use all that time and energy and work as a leapfrog into planning for your future—so you’ll be that much more prepared for the house, the kids, and the next stages of your new life together.

Why Think About Estate Planning at This Point?

Even if you have few assets, you probably have more than you think. Still, putting together a will or a trust is probably very straightforward at this point, since, as we just talked about, you recently did an accounting of your collective assets.

You may have heard of California state laws that give your property to a spouse if you don’t have a will. These laws—known as intestacy laws—vary depending on your circumstances and can sometimes have results you wouldn’t expect. And, intestacy requires your estate to go through probate—a court proceeding that can take years, to resolve. So a basic estate plan should give you some peace of mind—knowing loved ones are taken care of if anything should happen.

You can even plan for property you don’t yet own (a house you may buy someday) and provide for children whenever they arrive on the scene. And once you have that initial plan in place, you can easily update it as your circumstances and needs change.

Furthermore, if you already have a sizable amount of assets then estate planning may lead to tax benefits, now and in the future.

Who Can Make Decisions For Me, If I Can’t?

In the U.S., a power of attorney (POA) is a legal document that designates someone else (often a spouse) to make financial and other decisions on your behalf. In the financial realm, your POA can sign contracts, file lawsuits on your behalf, and more. Depending on the exact language, you can grant the POA broad powers, or something more limited to an issue or situation.

One specific form of POA is in effect only if you are unable to make decisions on your own—such as an emergency or illness. And you can have that type of POA for both the financial side of things, as well as one relating to your medical care.

What Kind of Care Would I Want?

An advanced directive (also known as a living will) is a document that makes clear the kinds of medical interventions you’d prefer if you’re unable to make decisions for yourself. In some ways, think of this as an emotional insurance policy: You make decisions now, so the people you love won’t have to later when you are unable to guide them. This can also make it easier for your spouse to make emergency decisions if you’ve named them as a medical decision maker.

Who Will Look After The Kids?

If you don’t yet have kids but want them someday, realize that an estate plan is essential for families with children. The state statute providing assets for a spouse will also include some inheritance for children.  How much depends on how many children.  However, when it comes to guardianship, you need a will to designate caregivers for the children, should something happen to both parents. You’ll want to name both temporary and permanent guardians.  Without these documents, the court decides on the children’s caregiver, and they may end up in foster care while the court makes its decision.

As you start your new life together, one of the best ways to begin is by planning for the future, whatever it may bring. We’ve been helping families of all ages and kinds for years, and we’d be delighted to help you, so let us know if you have any questions.

Dedicated to empowering your family, building your wealth and securing your legacy,

Marc Garlett 91024