What to Do if You Are Married

Marriage does not eliminate the need for comprehensive estate planning. While spouses have certain statutory protections, relying on default laws or simple “I love you” wills (leaving everything to the surviving spouse) can lead to unintended results.

Consider Adam and Amy, a married couple with two children. If Adam dies and leaves his entire estate directly to Amy, and Amy subsequently remarries Tom (who has three children of his own), Amy may eventually leave her estate to Tom. Upon Tom’s death, the combined assets will pass to Tom’s children, completely disinheriting Adam’s children.

To prevent this, Adam can direct his assets into a trust. Amy can serve as the trustee, allowing her to access income and principal for health, education, maintenance, and support (HEMS standards). Upon Amy’s death, the remaining principal is distributed to Adam’s children. This structure protects the bloodline while providing for the surviving spouse.

Even without children, married couples require clear instructions:

• Do you want your parents, siblings, or other relatives to inherit your assets?
• Do you prefer burial, cremation, or another form of disposition?
• Do you wish to allocate funds to a cause, a friend, or a friend’s child’s education?