Can I Create an Estate Plan if My Spouse Will Not Help?

 Posted on September 24, 2020 in Estate Planning

When a married person decides to develop an estate plan, the person’s spouse will almost always be involved in the process. But, what happens if you are ready to start making a plan for the future and your spouse is not? You know your spouse better than just about anyone else does, so you probably realize that nagging him or her about it will probably not work. Begging or threatening is not likely to be successful either. There are, however, some things you can do to start the estate planning process despite your spouse’s reluctance. In doing so, you might just be able to convince your spouse that there is no time like the present to plan for what lies ahead.

Start On Your Own

Obviously, it would be best for everyone involved if your spouse decided to get on board before you start your estate plan, but if he or she continues to refuse, you should look for the things that you can do by yourself. For example, you can draft a will that addresses the assets that you own and specifies what will happen to them upon your death. If your solely owned assets are substantial, you might consider working with an attorney to create various types of trusts as well. Additionally, you can appoint a power of attorney for health care or property without your spouse’s input.
At this stage, you should also compile a list of your joint accounts and investments. If you outlive your spouse, there is a good chance that you will be responsible for these assets—especially if your partner never makes an estate plan. This will also be helpful to your heirs and loved ones if you and your spouse were to both die within a short period of time.

Setting a Strong Example and Encouraging Participation

While you are putting together the information you need for your estate plan, you might consider encouraging your spouse—gently and positively—by talking about some of the benefits that estate planning will offer you, your children, your grandchildren, and your chosen charities. You could even ask your spouse to simply come with you to an estate planning consultation. At the very least, your spouse will have the opportunity to ask some questions or express the concerns that might be making them reluctant to participate. If nothing else comes of it, continue doing what you are able to do and sharing the things you have learned with your spouse in a kind and loving manner.

Contact a DuPage County Wills and Trusts Lawyer

Planning for the future is important, regardless of your age. If you are looking to begin the estate planning process—with your spouse or on your own—the skilled legal team at A. Traub & Associates is here to help you. Contact one of our experienced Lombard, IL estate planning attorneys to get the trusted guidance you need. Call us today at 630-426-0196 to schedule a confidential consultation at our law firm.

Sources:
https://www.focusonthefamily.com/marriage/when-your-spouse-wont-support-your-great-idea/
https://www.kiplinger.com/article/saving/t021-c000-s002-estate-planning-a-family-affair.html