Reviewing Your Estate Plan When Your Spouse Dies

Experiencing the death of a spouse is devastating at any age, and regardless of whether it was something you were able to plan for in some respects or something that occurred suddenly and without any kind of warning. Nobody wants to think about the possibility of a spouse being diagnosed with a terminal illness, or a spouse being killed in a devastating accident. Yet these events occur with regularity, and it is important to make sure that you take steps to protect yourself in the aftermath.

When a spouse passes away, it will be very important to review your estate plan. Many married couples, or long-term partners, in Connecticut have named only one another in critical estate planning documents and designated one another as beneficiaries. This information will need to be reviewed and updated, even though we know what a difficult prospect this can be. Our Connecticut estate planning lawyers can explain in more detail.

Appointing a New Health Care Representative

 In all likelihood, you and your spouse had appointed one another as health care representative. In other words, you likely have your spouse appointed as your health care representative in the event that you become incapacitated and cannot express your own health care wishes. It will be important to consider who can serve in this role for you — a sibling you trust, for example, or an adult child — and create a new document for the appointment of a health care representative.

Reviewing Powers of Attorney 

Most likely, you gave your spouse the authority to make certain decisions on your behalf through a power of attorney document. To ensure that someone you trust is present to make financial decisions for you if you become unable to do so yourself, it will be important to identify a new agent to authorize through a power of attorney document, and you should also talk with your lawyer about an alternate agent in your power of attorney.

Reviewing Your Beneficiary Designations 

Most married couples have designated their spouse as the beneficiary on insurance accounts, trusts, and more. You will want to review these designations and name a new beneficiary with help from your attorney.

Update Your Will

 Like the other documents we discussed above, your will, most likely, will also require updating. Depending on the details in your will, you may want to create a new will entirely with your attorney’s assistance. Otherwise, your lawyer can assist you with a codicil if only minor revisions must be made.

Contact a Canton, Connecticut Estate Planning Attorney 

Reviewing an estate plan on a regular basis is important, and it is particularly crucial after the death of a spouse. Even though it can be difficult to think about practical matters at this time, ensuring that your estate plan is up to date is extremely important. If you have any questions, or if you want to begin reviewing your estate plan to make necessary updates, an experienced Canton estate planning lawyer at the Law Office of Brian S. Karpe can speak with you today. Contact us for assistance with your estate planning needs in Connecticut.

Sources:

portal.ct.gov/dmhas/programs-and-services/advocacy/advance-directives

cga.ct.gov/2023/pub/title_45a.htm