Do Spouses In Massachusetts Typically Share One Estate Plan?
You and your spouse should both have an estate plan. While spouses should have estate plans that are complementary, they do not technically “share” one estate plan. At Fisher Law LLC, we have extensive experience with estate planning or married couples. Here, our Walpole estate planning lawyer provides a more comprehensive guide to estate planning for couples in Massachusetts.
You and Your Spouse Do Not “Share” One Estate Plan
First and foremost, it is important to emphasize that couples in Massachusetts do not share a single estate plan. That is true even though their plans usually work together. Instead, each spouse needs individual documents because estate planning authority rests with the person who signs the instrument. For example, both spouses should have their own will. Under Massachusetts law (Mass. General Laws c.190B § 2-502), a will must meet certain requirements in order to be legally valid.
Whether it is a will, a trust, a power of attorney, and a health care proxy must reflect the signer’s decisions. No one can create those documents on behalf of a spouse, even with consent.
Estate Plans are Not Shared, but they are Also Not Truly Separate
Married couples should have a well-coordinated estate plan. Coordinated estate planning is especially important for couples who have blended families, unequal assets, or different long-term goals. Separate documents give space for those differences while still supporting a unified plan. A properly-structured pair of estate plans can manage shared property, direct individual assets, and protect both spouses from gaps in authority. A Massachusetts estate planning lawyer with experience working with married couples helps ensure that each document works on its own and functions smoothly with the other spouse’s plan. Still, the result is two legally independent plans that operate as a cohesive system for the household.
Massachusetts-Specific Considerations for Married Couples
Massachusetts law shapes how couples design parallel estate plans. Each spouse’s will controls solely owned assets. Jointly owned property passes by survivorship unless the couple retitles it. Revocable trusts remain popular because they avoid probate and support smooth management during incapacity. Many couples create two trusts that mirror each other. Others rely on one spouse’s trust to hold key assets while the second trust covers individual property. Health Care proxies also remain separate. Each spouse must sign a durable power of attorney and health care proxy. Without them, the other spouse may face delays when trying to manage accounts or authorize treatment. Clear documents prevent those delays. If you have any questions or concerns about Commonwealth law, an experienced Walpole estate planning lawyer can help.
Call Our Walpole, MA Estate Planning Attorney Today
At Fisher Law LLC, our Massachusetts estate planning has the experience you can trust. If you have any questions or concerns about estate planning for spouses, please do not hesitate to contact us today for a fully confidential case review. We handle estate planning in Walpole, Norfolk County, and throughout the Greater Boston area.
Source:
mass.gov/info-details/mass-general-laws-c190b-ss-2-502
