Cardoso Estate Planning Firm > Married Couples

Estate Planning for Married Couples

Author: Danielys Cardoso | 7 min of lecture | july 30, 2025

Why Estate Planning Is Vital for Married Couples

Marriage offers legal benefits, but it doesn’t automatically guarantee smooth asset transfers or decision-making in emergencies. Many couples wrongly assume their spouse will “automatically” inherit everything or be able to make medical decisions for them without any documents.

Estate planning goes beyond inheritance—it ensures:

Your assets are distributed as intended
Your spouse and children are cared for
Court involvement is minimized
Taxes and legal complications are avoided

No matter your age or income, having a solid plan protects your relationship, legacy, and loved ones in life and death.

Essential Documents Every Married Couple Needs

Having the right legal documents in place forms the foundation of a strong estate plan.

– Joint Wills vs. Individual Wills

A will outlines how your property will be distributed after death and who will manage your estate (executor). Some couples opt for mirror wills—identical individual wills naming each other as beneficiaries—while others consider a joint will, which is a single document for both spouses.

While joint wills may seem convenient, they often lack flexibility and aren’t recommended in most states. Individual wills offer more control and adaptability.

– Durable Powers of Attorney

A durable power of attorney gives your spouse authority to manage financial matters if you’re incapacitated. Without it, your spouse may need court approval to access accounts, sell property, or pay bills on your behalf.

– Health Care Proxies

This document allows your spouse (or another trusted person) to make medical decisions if you’re unable to do so. Paired with a living will, it outlines your preferences for life-sustaining treatment and ensures your wishes are honored.

Using Trusts to Preserve Wealth and Avoid Probate

Trusts are not just for the wealthy—they’re smart tools for protecting assets, avoiding probate, and managing long-term goals.

A revocable living trust allows you to transfer ownership of your assets during your lifetime, manage them as trustee, and pass them to beneficiaries upon death without probate.
A marital trust (e.g., QTIP) can provide income to a surviving spouse while preserving assets for children or other heirs.
Bypass trusts (also called credit shelter trusts) help reduce or eliminate federal estate tax for high-net-worth couples.

Trusts offer privacy, efficiency, and control—especially helpful when second marriages, family businesses, or complex assets are involved.

Coordinating Beneficiary Designations and Asset Titles

Many assets—like life insurance, retirement accounts, and bank accounts—are passed through beneficiary designations, not your will or trust. That’s why it’s crucial to keep these up to date and aligned with your estate plan.

Additionally, review how assets are titled:

Joint Tenancy with Right of Survivorship (JTWROS): Surviving spouse automatically inherits
Tenancy by the Entirety: Similar to JTWROS but with additional creditor protection in some states
Individual Ownership: May require probate unless a TOD (transfer on death) designation is in place

Be sure all your documents are coordinated to prevent unintended distributions.

Planning for Minor Children and Guardianship

If you have minor children, your estate plan should name a guardian who will care for them if both parents die. This decision is deeply personal and can have lasting effects on your children’s well-being.

Your will should also specify:

Who will manage any inheritance for your children
Whether the funds should be placed in a trust
When children will receive their inheritance (e.g., age 18, 25, 30)

Failing to plan can leave this decision up to a judge—someone who doesn’t know your family dynamics or values.

Estate Tax Considerations for Married Couples

While most couples won’t pay federal estate taxes (thanks to a high exemption threshold—$13.61 million per individual in 2024), state estate taxes and inheritance taxes may still apply depending on where you live.

Strategies to minimize estate taxes include:

Portability: Allowing a surviving spouse to use any unused portion of the deceased spouse’s estate tax exemption
Credit Shelter Trusts
Gifting during life to reduce the taxable estate

If you and your spouse own a sizable estate, consult with a qualified estate planning attorney or tax advisor to optimize your plan.

FAQs: Estate Planning for Married Couples

Do married couples really need a will?

Yes. Without a will, state intestacy laws apply, which may not reflect your wishes—especially in blended families or with large estates.

What happens if only one spouse has a will?

The surviving spouse may inherit under state law, but it can create complications for stepchildren or jointly owned assets.

Is a trust better than a will for married couples?

A trust offers more flexibility, avoids probate, and provides better control over asset distribution—but both tools are often used together.

Should we own everything jointly?

Joint ownership simplifies transfers but may have tax or creditor implications. Balance joint and separate ownership with legal advice.

Can my spouse make medical decisions for me without legal documents?

Not always. In many states, a health care proxy or medical power of attorney is needed for legal authority.

When should we update our estate plan?

After major life events—like marriage, childbirth, a move to a new state, or acquiring significant assets—or every 3–5 years.

A United Plan for a Secure Future

Estate planning for married couples isn’t just a safety net—it’s a roadmap for love, legacy, and peace of mind. By creating a tailored plan that includes wills, powers of attorney, healthcare directives, and trusts, you protect one another and ensure your wishes are carried out.

Don’t wait for a crisis to start planning. A solid estate plan is one of the most important gifts you can give your spouse—and your family.

Work with an experienced estate planning attorney to craft a personalized, state-compliant plan. It’s the smartest move unmarried couples can make to protect what matters most.

DANIELYS CARDOSO

Danielys is an experienced Estate Planning Attorney who helps Florida families and professionals protect their legacy with customized wills and trusts through her boutique law firm.

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