WAEstate

Sacramento Estate Planning Attorney

Call Now: (916) 437-3500

Getting Started
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
  • Estate Planning
    • Estate and Gift Tax Figures
    • Estate Planning
    • IRA & Retirement Planning
    • LGBTQ Community
    • Legacy Planning
    • Medi-Cal
    • Pet Planning
    • Special Needs Planning
    • Trust Administration and Probate
    • Veteran’s Benefits
  • Elder Law
    • Alzheimer’s Disease
    • Caregiver Information
    • Hospice Care
    • Medi-Cal Planning
    • Nursing Home Planning
  • Communities We Serve
  • Seminars
  • Reviews
    • Our Reviews
    • Review Us
  • Resources
    • Articles
    • Definitions
    • Estate Planning Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Estate Planning Techniques
    • Elder Law Reports
    • FREE Estate Planning Worksheet
    • Frequently Asked Questions
      • Business Succession Planning
      • Elder Law
      • Estate Planning
      • Estate Planning
      • LGBTQ Estate Planning
      • Elder Law Issues
      • Frequently Asked Questions for Families Without an Estate Plan
      • Medi-Cal
      • Medi-Cal Planning
      • Trust Administration & Probate
    • Free Seminars
    • Is Your Estate Plan Outdated?
    • Presentations
    • Probate Resources
      • Colfax Probate
    • Veterans Resources
  • BLOG
  • Contact Us

Estate Planning Issues for Married Couples

July 13, 2014 by Timothy P. Murphy Leave a Comment

Married couples in California who want to create an estate plan will have to think about a variety of issues together. When a single person develops an estate plan, he or she doesn’t necessarily have to coordinate with anyone else about the choices the plan addresses. Married couples, on the other hand, should make it a point to speak to one another about these essential topics while they craft a plan. If you are married, or are considering becoming married, here’s what you should consider when you go about the process of crafting an estate plan.

Spousal Inheritance Rights

One of the most important issues in estate planning that faces married couples is the question about what to do when it comes to inheritance. Spouses have a relatively unique place when it comes to inheritance law in that they are automatically entitled to receive an inheritance upon the other spouse’s death. Everyone else, even people closely related to you, does not have this automatic inheritance right.

So, at the very least, married couples who craft an estate plan cannot make inheritance decisions without first calculating how much their spouse is entitled to. You cannot disinherit a spouse, so you have to plan to head for the amount your spouse will inherit.

On the other hand, it is possible to waive this spousal inheritance right if you so choose. Married couples that choose to waive inheritance rights typically do so because they are sure that, regardless of what happens, both spouses will be financially protected in the future. Choosing to waive spousal inheritance rights also gives you the ability to give others larger inheritances than you otherwise would be able to.

Child Guardianship

Another vital issue that married couples should address through their estate plans is the question of who you want to serve as guardian for any minor children. Should both you and your spouse die simultaneously, do you know who would take over parental responsibilities for your child? Do you know who you would want to take over in this situation? Are you when your spouse in agreement about the choice?

Deciding on the guardian is never an easy thing to do, and it is an issue that can take some discussion and consideration.

Most people who select a guardian choose a close family member, such as a sibling or even a parent. However, there is no legal requirement stating that you must choose a family member when making a guardianship decision. Always choose a guardian who will be responsible and capable of caring for the child in a manner you approve. If you do not have a close family member who you believed to be responsible enough, consider others outside of your immediate family circle. More distant relatives, family friends, and even business partners can all serve as responsible guardians if they have the proper character traits.

It is not necessary to struggle with these decisions alone.  An experienced and qualified estate planning attorney can help with answers and solutions to many issues you may be facing.

  • Author
  • Recent Posts
Timothy P. Murphy

Timothy P. Murphy

Timothy P. Murphy is an estate planning and elder law attorney whose practice emphasizes helping people to build, preserve and pass on their wealth. He works with his clients to accomplish their goals while avoiding unnecessary court proceedings and minimizing or eliminating exposure to death taxes.
Timothy P. Murphy

Latest posts by Timothy P. Murphy (see all)

  • Important Estate Planning Tools for the LGBTQ Community - December 11, 2019
  • Don’t Accidently Disinherit Your Children - December 9, 2019
  • Your Estate Plan: Get It Into a Writing or Else - December 7, 2019

Filed Under: Blended Families, Estate Planning Tagged With: married

Other Articles You May Find Useful

Northern California Center for Estate Planning and Elder Law
Don’t Accidently Disinherit Your Children
Northern California Center for Estate Planning and Elder Law
Your Estate Plan: Get It Into a Writing or Else
Northern California Center for Estate Planning and Elder Law
Special Estate Planning Considerations for Second Marriages
Northern California Center for Estate Planning and Elder Law
How Not to Unintentionally Disinherit Your Children
Northern California Center for Estate Planning and Elder Law
If You’re in a Second Marriage, It is Important to Plan to Protect Your Children
Northern California Center for Estate Planning and Elder Law
13 Disturbing Estate Planning Problems

Leave a Reply Cancel reply

You must be logged in to post a comment.

Download our free estate planning Worksheet

Plan For Your Future and Protect Your Legacy Download our Estate Planning Worksheet to get started!
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Upcoming Seminars

    Previous Seminar Topics:

    • 8 Deadly Mistakes: How Clients Destroy Their Estate Plans and What You Can Do About It (June 2019)
    • Beneficiary Planning: Tailoring Your Estate Plan To Meet Your Goals And Their Needs (March 2019)
    • Long Term Care Planning In A Changing World (February 2019) (March 2018) (January 2016) (July 2016)
    • The Trustee Workshop: Keeping Things In Good Order Now and In the Future (January 2019) (February 2018)
    • The New Tax Law: What It Means For You (January 2018)
    • Effective Estate Planning Strategies: What You Need to Know” (Dante Club, May 2018)
    • “Taking Care of Business: Planning Guide and Resources for Older Adults” (Carmichael Presbyterian Church, May 2017)
    • “The Care and Feeding of Your Living Trust: Keeping It Up To Date” (January 2016) (September 2017)
    • “Protecting Your Retirement Accounts from Excess Taxes, Penalties and Problems Now and in the Future” (January 2016) (January 2017)
    • New President, New Tax Laws? (January 2017)
    • The Trustee Workshop: How to Make Sure Your Trust Works When You Need It (August 2016)
    • Estate Planning Workshop (March 2016)
    There are no seminars scheduled at this time. Please leave your name and email and we will let you know when our next one is scheduled.
    • This field is for validation purposes and should be left unchanged.

SACRAMENTO

2277 Fair Oaks Blvd., Ste 320
Sacramento, CA 95825-5599
United States (US)
Phone: (916) 437-3500

ROSEVILLE

3017 Douglas Blvd., Ste 300
Roseville, CA 95661
United States (US)
Phone: (916) 437-3500

MAP

norcalplanners_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM
footer-logo
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Northern California Estate Planning Firm. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2019 American Academy of Estate Planning Attorneys, Inc.