Sunday, December 21, 2025

Advance Estate Planning for a Surviving Spouse - Schwab

in a community property state...all assets acquired during the marriage will transfer to the surviving spouse regardless of whether a will is in effect. However, for property acquired outside the marriage that isn't jointly owned—such as a home purchased by one spouse before being wed...spouse is entitled to only one-third to one-half of the property

To avoid the expense and delays of probate,
  1. Titled with rights of survivorship, meaning both spouses have equal ownership and the surviving spouse will inherit the deceased spouse's interest.
  2. Placed in a revocable trust—which isn't subject to probate—with your spouse as its beneficiary
  3. For bank accounts in one spouse's name, you can file a payable on death (POD) form to ensure the surviving spouse can access the account without going through probate.
In addition to your will and any trust documents, you might include a letter of intent in which you detail the recipients of particularly meaningful or valuable property.

HSA account: Listing the surviving spouse as the beneficiary lets them inherit the account and continue to spend the funds tax-free on qualified medical expenses.

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