Need help motivating your spouse to meet with a Will and Trust lawyer here in Orange County?
We know from experience that the legal planning process is usually initiated by one spouse, and is often met with hesitation by the other. It is understandable why one or both spouses would be reluctant to meet with an estate planner. Thinking about death or incapacity brings up a lot of uncomfortable feelings, and many people will avoid any attempt to broach the subject.
Unfortunately, while we stick our heads in the sand, our need to create an estate plan does not lessen. But you know that, right? So below you’ll find the 3 most common excuses that we hear in our Orange County estate planning law firm, and a few quick talking points you can use to help your spouse understand the necessity of planning for the future.
- “Why do I need an estate plan now?” is the most common objection to creating an estate plan. Most people want to wait until later in life before creating an estate plan, but this is a mistake. As you know tragedy can strike at any time. People also mistakenly believe that they only need an estate plan if they have a great fortune. Estate planning is about much more than dividing your assets. Without an estate plan, you may not even be able to make important medical or financial decisions for your spouse in the event of disability or incapacity because of privacy laws. Tomorrow is not promised to anyone; the time to plan is now.
- “If something happens to me, you (the spouse) will inherit everything anyway” is another common excuse you may hear to avoid creating an estate plan. While the spouse will likely inherit the majority of the estate, this is not a good reason to neglect creating an estate plan. What if something happens to both partners? If you have children, don’t you want a say in who should raise them if something happens? What if you have kids from a previous marriage that would end up disinherited when the new spouse inherits the majority of the estate? Or, what about taxes, court fees and legal burdens your spouse may be stuck with after your loss? Creating an estate plan is an act of love and your chance to make life as easy as possible for a surviving spouse any anyone else that may be legally or financially impacted by your passing.
- If all else fails, you can remind your spouse that you in fact already have an estate plan. You have the default estate plan created by the state of California, and the state does not take any of your wishes into consideration. The process of settling one’s estate through the courts is long, expensive and stressful for your loved ones. You can opt-out of the State’s plan for your money and well-being by creating your own estate plan instead.
There are many more advantages to be gained from creating an estate plan and absolutely no advantages for doing nothing. If you need assistance, our Orange County trust and estates lawyers will be able to help you create a plan that is right for you and will never pressure you to into doing into anything before you are really ready. Call our office today to start this difficult, but necessary conversation.