Should Married Couples in New Jersey Create an Estate Plan Together?
Married couples have unique estate planning needs. You may be wondering: If I am married should I create an estate plan with my spouse? The short answer is that your estate plans should be integrated and consistent with each other, but you both need your own will and other estate planning documents. Here, our New Jersey estate planning attorney provides estate planning tips for married couples.
Married Couples in New Jersey Do Not Technically “Share” an Estate Plan
First and foremost, it is important to clarify that married couples in New Jersey should each have their own separate estate plan. While they can run together, spouses should still set up their own estate plan even if all of their property/assets is jointly owned.
Coordination of Estate Plans is Recommended for Spouses
Married couples in New Jersey can get some real, tangible benefits from planning together, even though each spouse should have their own will and supporting documents. A coordinated estate plan aligns both partners’ wishes while preserving individual control. Each spouse should execute a will, durable power of attorney, and advance health care directive. These documents protect personal interests while ensuring that both partners’ plans work together. A shared strategy reduces the risk of inconsistencies, such as conflicting beneficiaries for joint property.
Spouses Should Define If and How Assets Will Transfer Between Each Other
A major goal of a married couple’s estate plan is to provide security for the surviving spouse. New Jersey’s elective share laws prevent complete disinheritance, but detailed planning clarifies how property, retirement accounts, and life insurance proceeds will transfer. Spouses can use joint ownership, beneficiary designations, and trusts to pass assets efficiently while minimizing taxes. A top-tier New Jersey estate planning attorney can help you develop the best strategy for your situation. There is no true one-size-fits-all approach.
Can Spouses Share an Estate Planning Lawyer?
Yes, absolutely. Spouses in New Jersey can and frequently do share an estate planning lawyer. Indeed, that is the most common way to handle the estate planning process. A single New Jersey estate planning attorney can prepare coordinated wills, trusts, and related documents as long as both spouses’ interests align. The lawyer must represent them jointly, maintaining equal loyalty and transparency to each spouse. However, if a conflict arises (such as differing inheritance plans or separate property concerns) the attorney must advise each spouse to seek independent counsel. That is relatively rare, but it is an issue that some married couples need to consider.
Get Help From a New Jersey Estate Planning Lawyer for Married Couples Today
At Poulos LoPiccolo PC, our New Jersey estate planning attorney has the skills and experience to provide reliable guidance and support to married couples. If you and your spouse have any questions about estate planning, we are here as a resource. Please do not hesitate to contact us today for your fully private, no obligation consultation. We provide estate planning services throughout all of New Jersey.
