Estate Planning When Your Spouse Is Hesitant to Participate

 Posted on September 06,2018 in Estate Planning

When married people create an estate plan, both parties are generally involved. What can you do, though, if you want to get serious about planning your estate and your spouse is still reluctant to get on board? Nagging certainly will not do the trick, nor will threatening or begging. Still, there are some ways that you may be able to ensure your heirs do not get shortchanged. It may be helpful to learn a few strategies for dealing with a spouse who seems hesitant to get on board.

Do What You Can On Your Own

While it is best to have your spouse on your side before you create an estate plan, you may not ever be able to persuade them. This does not mean you cannot create an estate plan. In fact, there are strategies that you can use on your own to ensure your assets go to the right people and charities. Assets that are yours—solely yours—can be drafted into an estate plan, regardless of whether or not your spouse participates. Further, you can ensure you have named your power or attorney for health or financial decisions just in case you ever become incapacitated.

You should also ensure you have a complete log of any joint accounts, should you outlive your spouse and end up becoming the executor of their estate. This can help you avoid any last-minute confusion and may even expedite certain issues, even if they failed to create their own estate plan. Further, if you and your spouse should pass away together, your other heirs will still have the information they need to manage your joint assets.

Encouraging Your Spouse to Participate

As you are gathering information for your own estate plan, you can attempt to encourage your spouse by sharing the benefits that you and your children, heirs, or charities of choice expect to reap. You may even ask them if they will simply attend a consultation with you. If nothing else, this might give them the chance to ask questions or raise concerns that may be keeping them from wanting to participate in the estate planning process. Again, if all else fails, simply do what you can and share what you have learned with your spouse in a positive way.

Contact a DuPage County Estate Planning Lawyer

If you are ready to start your estate plan (with or without your spouse) contact A. Traub & Associates. Backed by decades of experience, our skilled Lombard estate planning attorneys can help you come up with creative solutions designed to fit your needs. Schedule a confidential consultation by calling 630-426-0196 today.

Source:

http://www.aarp.org/money/estate-planning/info-09-2010/ten_things_you_should_know_about_writing_a_will.html