Do I Need Estate Planning Documents If I Am Married?

Many people who have not yet considered estate planning — such as making a will or creating advance directives — mistakenly assume they can avoid estate planning since they are married. People often assume, to be clear, that a surviving spouse will simply be able to make all important decisions and inherit all assets. But this is not always the case. You need estate planning documents in place regardless of whether or not you are married. Our Summit estate planning lawyers can explain in more detail.

Intestate Succession Laws Will Apply if You Do Not Make a Will or Other Plans for Assets to Transfer

While a surviving spouse will typically inherit everything if you die without any estate planning documents in New Jersey, there are some situations in which this is not the case. Further, the process of probate according to intestate succession will be more complicated and will likely take more time than if you had made a will and named an executor of your estate, along with naming your spouse as the person who you wanted to inherit all of your assets.

Under New Jersey’s intestate succession laws, if your only descendants are your spouse, or your spouse and children you had with your spouse, your spouse will inherit everything. However, if you or your spouse have descendants from another relationship, or if you have surviving parents in addition to a surviving spouse, the process of who will inherit your assets becomes more complicated. Under those circumstances, a surviving spouse will inherit a portion, but not all, of your remaining assets.

Advance Directives Remain Crucial 

You might also be wondering if you need to have advance directives (such as a durable power of attorney for health care or a living will) if you have a spouse, since you might assume your spouse will make any important decisions on your behalf. While this might occur as you are thinking, there are various ways in which your spouse could have a limited voice in your medical wishes. If you have surviving parents or children, for example, your spouse’s ability to voice your decisions solely may become less possible.

By creating a durable power of attorney for health care, you can name your spouse as your agent, and it will be legal only for your spouse to make medical decisions on your behalf. With a living will, you can indicate your wishes for any end-of-life care so that only you — and nobody else — will be able to make such a decision if you become unable to voice your wishes on your own.

Contact a Summit Estate Planning Attorney 

It is important for all adults in New Jersey, regardless of marital status or age or socioeconomic status, to have estate planning documents in place. If you are ready to begin thinking about estate planning, one of the experienced New Jersey estate planning attorneys at Dempsey, Dempsey & Sheehan can talk with you today about your particular circumstances. Contact us to discuss the specific estate planning documents and tools you should consider, and to get started on your estate planning process.

Sources:

law.justia.com/codes/new-jersey/title-3b/section-3b-5-3/

nj.gov/health/advancedirective/ad/forums-faqs/