Estate Planning Guide When Legally Separating

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In some situations, a married couple might decide to different legally, instead of separating. While a legal separation consists of extremely similar arrangements to a divorce there are certain estate planning concerns that legally apart couples have that a separated couple does not. It is essential to speak with your estate planning attorney if you intend on getting a legal separation.

Medical Choices. When a partner is disabled, it generally is up to the other spouse to make medical decisions for the incapacitated one. If you and your spouse are getting legally separated, you may not desire your partner to have this right anymore. The only way to ensure that someone else has the right to make medical choices on your behalf is to create an advance medical directive such as a health care power of attorney or healthcare proxy.
Spousal Shares. Couples are lawfully entitled to acquire from each other if the other ought to pass away. The amount they inherit differs by state, however is usually called a “spousal share.” If you are getting separated and your will leaves your spouse more than the required spousal share, you should consider changing your will so that your other half is entitled to receive just the quantity ensured by law.

Guardians. If you’re getting a separation and you have minor kids, you’ll wish to collaborate with your partner to call replacement guardians ought to either of you die. Even if partners are participated in a controversial separation, you should attempt to put your differences aside, for as long as it requires to concern an agreement about the care and well-being of your children so you can pick guardians of whom you both authorize.