3 Talking Points to Help Your Reluctant Spouse Meet with an Elder Law and Estate Planning Attorney

| July 27, 2016

elderly couple
By Robert L. Lambert, Jr. P.C., Attorney | Valdosta Today Contributor

Need help motivating your spouse to meet with an Elder Law and Estate Planning Attorney?

We know from experience that the legal planning process is usually initiated by one spouse and is often met with hesitation by the other. It is understandable why one or both spouses would be reluctant to meet with an estate planner. Thinking about death or incapacity brings up a lot of uncomfortable feelings and many people will avoid any attempt to broach the subject.

Unfortunately, while we stick our heads in the sand, our need to create an estate plan does not lessen. But you know that, right? So below you’ll find the 3 most common excuses that we hear in our Elder Law and Estate Planning law firm. Here are a few quick talking points you can use to help your spouse understand the necessity of planning for the future.

“Why do I need an estate plan now?” is the most common objection to creating an estate plan. Most people want to wait until later in life before creating an estate plan but this is a mistake. As you know tragedy can strike at any time.

People also mistakenly believe that they only need an estate plan if they have a great fortune. Estate planning is about much more than dividing your assets. Without an estate plan, you may not even be able to make important medical or financial decisions for your spouse in the event of disability or incapacity because of privacy laws. Tomorrow is not promised to anyone; the time to plan is now.

“If something happens to me, you (the spouse) will inherit everything anyway” is another common excuse you may hear to avoid creating an estate plan. While the spouse will likely inherit the majority of the estate, this is not a good reason to neglect creating an estate plan. What if something happens to both partners? If you have children, don’t you want a say in who should raise them if something happens? What if you have kids from a previous marriage that would end up disinherited when the new spouse inherits the majority of the estate? What about taxes, court fees and legal burdens your spouse may be stuck with after your loss? Creating an estate plan is an act of love and your chance to make life as easy as possible for a surviving spouse any anyone else that may be legally or financially impacted by your passing.

If all else fails, you can remind your spouse that you in fact already have an estate plan. You have the default estate plan created by the state of Georgia and the state does not take any of your wishes into consideration. The process of settling one’s estate through the courts is long, expensive and stressful for your loved ones. You can
opt-out of the State’s plan for your money and well-being by creating your own estate and life care plan.

There are many more advantages to be gained from creating an estate plan and planning for your long term care needs. There are absolutely no advantages for doing nothing. (Credit:Smithbarid2016)

Call our office today to start this difficult, but necessary conversation. We offer free information brochures and seminars about our innovative approach to Elder law, Asset Protection, Estate, Medicaid and Life Care Planning. Lambert Elder Care Law is located at 108 E. North Street, Valdosta, GA.

Give us a call at 229-292-8989 or visit our website at www.legaladviceforseniors.com.

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