Many couples make the mistake of assuming everything will go to the surviving spouse on the death of the first spouse. However, this is not always true. For example, in Pennsylvania, if a married father dies without a Will, his assets are divided among his surviving spouse and his children according to intestacy laws. Without a clear plan, your surviving spouse and family could face delays, taxes, or legal issues. An estate plan could prevent these issues, says a recent article from MSN, “Estate planning for married couples: Services and examples.”
An estate plan created with an experienced estate planning attorney helps married couples protect each other and their families and ensures that their wishes are clarified and carried out.
Each spouse needs a Will to specify how they want their assets distributed and to name a guardian for minor children. Both need Financial Powers of Attorney and Healthcare Powers of Attorney to allow each other to make medical and financial decisions. These documents vary by state, so they need to be created with the help of a local estate planning attorney. Successor representatives should be named in case one spouse is unable to act on behalf of the other. Great care and deliberation need to go into these decisions to ensure that trustworthy, responsible agents are acting in accordance with their fiduciary duties to act in the principal’s best interests.
Part of the estate plan includes reviewing how assets are titled and who is listed as a beneficiary on accounts, including retirement accounts, pensions and life insurance policies. These assets, known as non-probate assets, are not governed by the Will. So, if the beneficiary designations are outdated or done without guidance from an estate planning attorney, assets may end up in the wrong hands. Also, minors cannot be named as beneficiaries of non-probate assets. Instead, it is important to work with an estate planning attorney to ensure that appropriate UTMA language or trust designations are in place.
Estate planning for couples begins with conversations. How should assets be distributed upon death? Are there children from a prior marriage who should receive an inheritance? Should certain assets be set aside for those children, perhaps by using a trust?
Naming a guardian is one of the critical estate planning decisions parents make. Consider the values of the potential guardian, where they live, their parenting style and whether they would be able to manage your children over time. How will the children’s living costs be paid, and should a separate person be named as a trustee to manage the children's finances?
The married couple may be involved in local charities and wish part of their estate to go to one or more charitable organizations. Larger estates benefit from advanced planning for charitable donations, which have certain tax benefits and create a legacy for the family.
Estate planning for married couples is about more than dividing assets. It’s about protecting each other, ensuring that children have a path forward in the event of tragedy and getting things in order now to avoid confusion, unnecessary stress, or future costs. Think of it as a wedding gift to each other, no matter how many anniversaries you may have celebrated.
Reference: MSN (April 3, 2026) “Estate planning for married couples: Services and examples”
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