Why in the World Would Newlyweds Need Estate Planning?

Posted by Martin Heller Potempa & Sheppard, PLLC on September 21, 2018

When you’re in the process of preparing for marriage, just about everyone has some token advice. Some will insist that you absolutely need a prenuptial agreement. While that may be the case, you should also consider seeking legal counsel for another reason. It’s never too early for newlyweds to think about their estate planning needs.

Take the case of Samantha and Ryan.  For both parties, it’s their second chance at marital bliss. Although their prior marriages only lasted a few years, Samantha has a son with her first husband. Ryan has no biological children but is extremely close to his sister’s children.

No one likes to plan for the unexpected.  That said, accidents do happen. What if Samantha and Ryan are killed in a head-on collision? Without a will, who will become the beneficiaries of their respective estates? As next of kin, there’s a chance that Samantha’s daughter will receive something from the proceeds. Ryan may have wanted to leave something to his nieces and nephews.

The bottom line is that if you die without a will, the division of your estate is determined by the laws of intestate succession. This means that the law chooses the order of relatives who become beneficiaries.

Estate Planning Soon After Marriage

It goes without saying that people enter marriage at different times during their life. To the young couple directly out of high school or college, estate planning might seem impractical. After all, they might be more worried about paying the rent than getting together a Last Will and Testament.

However, there’s more to estate planning than dividing limited bank accounts. What if something happens that you need to take care of your spouse’s affairs in any respect?  Estate planning is not just about financial matters. You also want to make sure the right person is in charge if you are unable to make medical decisions.

More than likely, you’ve heard about the importance of a power of attorney.  When you execute a power of attorney, you are essentially giving someone else permission to act in your place. It could be that you want to give your spouse access to limited money transactions. Or, again – to take over for critical medical directives. When you meet with an attorney, you can go over the details and craft a document that suits you best.

There’s also the issue of an advance medical directive. Here, you are stating your preferences when it comes to healthcare if you are too sick to articulate your wishes.  You may also elect to execute a Living Will regarding life-saving measures. Often, people update these documents during different phases of their lives.

Contact Us

Whether you’re newly married or just know you need estate planning, Martin Heller Potempa & Sheppard, PLLC can assist you. Call us to learn more!

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