Most married couples share almost every aspect of their lives with each other. But when it comes to death, even the closest couples display tight-lipped behavior about certain topics. In fact, according to one study, half of all couples fail to discuss their dying wishes. In this blog post, we discuss the importance of spousal communication relative to estate planning.
Spousal Communication: Share the Location of Important Documents
When couples maintain joint accounts and property, one spouse may handle all financial matters. However, fewer than one in four couples report that both spouses have an equal role in managing household finances.
When one spouse is the “money person” in the relationship, it can create issues in both life and death. To avoid unnecessary stress, couples need to ensure that they are on the same page. For day-to-day finances, this can mean regular check-ins about charges, expenditures, and budgeting. About estate planning, couples should keep each other informed about the location of important documents such as the following:
- Estate planning documents
- Life insurance paperwork
- Loan documents
- Financial account information (e.g., savings, retirement, and investment accounts)
- Usernames, passwords, and other information for accessing digital accounts and assets
Community Property States & Spousal Communication
This might be more difficult in community property states—where spouses are considered joint owners of most accounts, property, and debts acquired during marriage—barring a marital or property agreement stating the contrary. In states that follow common law, spouses are allowed to own property individually and are not considered jointly responsible for accounts and property except for those listed under both spouses’ names. But even in community property states, accounts and property that predate the marriage and those that are inherited are usually considered separate property.
Separate Finances & Spousal Communication
Keeping finances secret—and separate—although it may be legal under state law, can still raise estate planning issues between couples that deserve discussion. A spouse with separate accounts and property might have separate accompanying estate planning documents. If so, the other spouse should at least be in the know about them to facilitate estate administration.
Contact Information
A spouse will often be the first person to find out about their partner’s passing. After that, there may be an established priority of whom to contact next on a need-to-know basis. The surviving spouse is likely to have a good idea of who should be contacted and in what order. It may not be particularly important whether an older sibling is informed before or after a younger sibling or vice versa.
Burial Arrangements
Arguably the most morbid thought about death is what to do with someone’s remains. At the same time, following a person’s burial preferences is a way to ensure that they receive an appropriate send-off. More Americans are choosing to be cremated instead of having a traditional burial. Whichever someone chooses options for personal touches abound.
Remarriage & Spousal Communication
Wedding vows famously contain the phrase “’til death do us part.” But what about after death? Are couples still obligated to obey their promise of fidelity?
Whether approaching this question from a religious or a secular perspective, it is generally accepted that a widowed spouse is not doing wrong by remarrying. Depending on their age, history, and beliefs, though, some people may have strong feelings about remarriage.
Show Love with a Thorough Estate Plan
The optimist would argue that there are no worries after death. Once we depart this plane of existence, all our worldly cares die with us.
Putting aside the metaphysics of death, from a practical perspective, our passing can create complications for those we leave behind. Not having an estate plan takes the control over your accounts and property out of your family’s hands and gives it to the state. But an incomplete plan can cause problems too.
Small estate planning gaps can raise big questions that leave a person’s legacy in doubt. It is never too late to revisit and update an estate plan while you are alive. But unresolved estate issues taken to the grave could come back to haunt your loved ones. Estate planning is a gift to your spouse and the best way to take care of them when you are no longer around. To show them love, contact our office, and schedule an appointment.
About Skvarna Law Firm in Glendora and Upland, California
Let a skilled attorney assist with your estate plan. So, contact us today to learn about your options (909) 608-7671. We operate offices in Glendora and Upland, California. Therefore, we provide legal services for individuals living in San Bernardino, Los Angeles, Orange, and Riverside Counties. This includes the cities of Upland, Ontario, Rancho Cucamonga, Fontana, Colton, Rialto, Chino, Chino Hills, Glendora, Claremont, Montclair, Pomona, La Verne, San Dimas, Azusa, Covina, West Covina, Diamond Bar, Walnut, La Puente, Corona, Norco & Mira Loma. Visit SkvarnaLaw.com to learn more.
