We’re Married! What Could Possibly Go Wrong?
Till Death Do Us Part. Then the Probate Court Gets Involved.
My Spouse Gets Everything… Right?
Not necessarily!
Under Michigan law, a surviving spouse does not always inherit the entire estate if there are children, grandchildren, parents, or children from a previous relationship.
Your spouse may be entitled to only a portion of your probate estate.
Imagine discovering that your spouse’s adult children from a previous marriage may inherit part of what you thought would all go to your surviving spouse.
My Husband Will Just Handle Everything If I Get Sick!
Will he?
A spouse does not automatically have legal authority to manage every financial account, sign legal documents, or make medical decisions for you.
Without a Durable Power of Attorney, he may not be able to access your accounts.
Without a Designation of Patient Advocate, he may not be able to make medical decisions on your behalf.
Even a spouse may need to go to court to get authority.
What About a Second Marriage?
If the surviving spouse remarries, what happens to your assets?
Without a proper estate plan, assets you intended for your children may end up with a new spouse — or their family.
We Put Everything in Both Our Names!
That may solve some problems, but it can create others.
- What about accounts only in one name?
- What about inherited assets never retitled?
- What about retirement accounts without beneficiary designations?
- What happens if one spouse becomes incapacitated?
- What happens when you both pass away?
Our Kids Will Work Everything Out!
Of course they will… just like they agreed on where to spend Thanksgiving.
“I get the house!”
“I get Dad’s car!”
“Mom said the jewelry is mine!”
Even families who get along can experience disagreements when it comes to dividing an estate.
Love Is Important. So Is a Plan.
Marriage is a wonderful thing, but your marriage certificate is not a comprehensive estate plan.
A properly drafted will, trust, and coordinated beneficiary designations can help ensure your wishes are honored, protect your spouse and family, and avoid costly court proceedings.
A comprehensive estate plan may include:
- Will or trust
- Powers of attorney
- Designation of patient advocate
- Beneficiary review
- Provisions to protect your spouse
- Provisions to protect your children
- Planning to reduce family conflict
Love May Conquer All. But It Doesn’t Override Michigan Probate Law.
Marriage alone does not guarantee that your assets will be distributed exactly as you intend or that your spouse will automatically have the authority to make every decision on your behalf.
Proper estate planning helps protect the people you love and provides direction when your family needs it most.
Don’t leave these important decisions to chance.
The Woods Law Office PLLC
Estate Planning | Probate Administration | Trust Administration | Elder Law
(586) 532-8970
Call today to protect what matters most.
