Don’t assume your estate will automatically go to your spouse when you die. If you don’t have an estate plan, your spouse may have to share your estate with other family members.
If you die without an estate plan, the state will decide where your assets go. Each state has laws that determine what will happen to your estate if you don’t have a will. If you are married, most states award one-third to one-half of your estate to your spouse, with the rest divided among your children or, if you don’t have children, to other living relatives such as your parents or siblings.
In addition, without an estate plan, you need to worry about what could happen if you become incapacitated. While your spouse may be able to access your joint bank accounts and make certain health care decisions for you, what happens if something happens to your spouse? It is important to have back-up plans. And even if your spouse is fine, depending on how your finances are set up, your spouse may not be able to access everything without a power of attorney authorizing it.
To avoid this, it is important to make sure you have estate planning documents in place. The most basic estate planning document is a will. If you do not have a will directing who will inherit your assets, your estate will be distributed according to state law, which, as noted, gives only a portion of your estate to your spouse. If you have children, a will is also where you can name a guardian for your children. Keep in mind that a will’s sole purpose is for the judge to make final decisions in a court process called probate.
You may also want a trust to be a part of your estate plan, especially if you live in a state with a lengthy probate process (such as Vermont). Trusts are incredibly flexible documents that can address your particular situation (married, single, second marriage, spendthrift family members, etc).
Finally, a well-prepared estate plan can ease the burden on your surviving spouse and other surviving family members.
Contact our office for an estate plan that addresses your particular situation.