Most couples don’t sit around the dinner table talking about wills or what happens when one spouse passes away. It’s the kind of topic that stays on the back burner, right up until life reminds us that plans only work when they’re actually written down.
Maybe you’ve wondered what would happen to the house if your spouse dies, or how your children’s inheritance would be handled if something unexpected happened. Many married couples assume everything automatically goes to the surviving spouse, but the law doesn’t always work that way, and the fine print can catch families off guard.
Estate planning is all about giving the people you love a clear path forward. When both spouses understand their rights, decisions feel calmer, conversations get easier, and the future doesn’t feel like a scary question mark.
Taking time to learn how estate litigation and spousal rights work (before a crisis) is the best way to prevent confusion later. Let’s discuss the basics.
Why Spousal Rights Matter in Estate Planning for Married Couples
Most married couples assume everything automatically transfers to the surviving spouse, but that’s not always how state law works. Without intentional planning:
- Property may pass through intestate laws, not personal wishes
- A judge (not the family) may decide who manages assets
- Tax outcomes may be less favorable
- Children from a previous relationship may be unintentionally overlooked
When things are spelled out ahead of time, there’s less room for stress and more room for your family to make decisions together, without the court stepping in.
How Property Works Between Spouses
Every marriage shares a life, but the law doesn’t automatically share every asset. Knowing how your state treats property can make it easier to plan ahead and avoid surprises down the road.
Community Property State vs. Separate Property
In a community property state, most assets acquired during the marriage are shared. In other states, ownership depends on:
- Whether the asset was owned before marriage
- Received as a gift or inheritance
- Kept as separate property
The details of ownership may seem small now, but they can make a meaningful difference in what your spouse is able to keep after you’re gone.
Key Rights of a Surviving Spouse
When a spouse passes away, the law offers certain protections so the surviving partner isn’t left starting from scratch. These rights can provide financial breathing room, but they aren’t automatic in every situation, and they may not match what a couple expected.
Right to Inherit Under State Law
If someone passes without a will or revocable trust, the surviving spouse usually receives a portion of the estate, but the exact share depends on:
- Whether there are children
- Whether those children are from a previous relationship
- The state’s intestacy rules
Relying on the state instead of a written plan can lead to outcomes no one intended.
Access to Marital Assets
Spouses may have rights to:
- The home
- Retirement accounts
- Bank accounts held assets jointly
- Life insurance (if properly designated)
Beneficiary designations still control many asset transfers, which is why reviewing them regularly matters.
Tax Benefits for Married Couples
The IRS provides several meaningful protections, including:
- The marital deduction, which allows many assets to pass to a spouse without immediate federal estate tax
- Potential use of the federal estate tax exemption at the first spouse’s death
- Income tax advantages, including a possible step-up in basis for certain assets
These rules can lower estate tax liability and future tax burdens, but only when coordinated thoughtfully.
Estate Planning Strategies That Protect Both Spouses
When spouses plan together, they’re creating a roadmap that supports each other through life’s changes. The right tools can keep finances organized, reduce stress during illness or loss, and make sure children are cared for if both parents are gone.
These estate planning strategies give couples options, flexibility, and a clearer understanding of what will happen when one spouse can no longer speak for themselves.
Revocable Living Trust
A revocable trust (or revocable living trust) allows:
- Private transfer of trust assets
- The ability to avoid probate
- Continued control during life
- Smooth management if a spouse becomes ill
Some couples create a joint trust, while others choose separate trusts depending on family dynamics and long-term goals.
Marital Trust and Bypass Trust
A marital trust can provide for the surviving spouse while protecting the estate for the children later. A bypass trust (sometimes called a credit shelter trust) can help preserve the first spouse’s federal exemption for future tax savings.
These can be especially helpful for:
- Blended families
- Larger estates
- Planning beyond the second spouse’s lifetime
Planning for Children and Guardianship
If both spouses pass away, naming a guardian prevents the court from appointing a court-appointed guardian without your input. This brings security and reduces uncertainty for children.
Special Situations That May Require More Detail
Some families face circumstances where a standard estate plan isn’t quite enough. When marriage, citizenship, or family structure adds extra layers, a little more clarity can go a long way.
Non-Citizen or Citizen Spouse
When one spouse is not a U.S. citizen, certain federal estate rules change. A qualified domestic trust (QDOT) may be needed to preserve tax benefits for the surviving spouse.
Prior Marriage or Blended Families
Estate planning becomes even more important when:
- One spouse has children from a prior marriage
- Assets need to be protected for both the spouse and the children
- Avoiding conflict between family members matters
Without thoughtful planning, the people you care about may end up relying on court decisions instead of yours.
Working With an Experienced Estate Planning Attorney
Estate planning touches some of the most personal parts of a marriage: finances, family relationships, and what happens when one spouse can no longer speak for themselves.
The laws around estate taxes, property rights, and inheritance are detailed, and they don’t apply the same way to every couple. What works for one family may create problems for another.
An estate planning attorney for couples can help:
- Understand their rights as a spouse before a crisis forces decisions
- Choose estate planning strategies that match their goals and family dynamics
- Address tax efficiency and estate tax liability without getting lost in technical language
- Organize assets so they’re easier to manage during illness or after a spouse’s death
- Plan for children (whether from the same marriage or a previous relationship) in a way that feels fair and clear
Professional guidance gives spouses room to make some of the most important decisions confidently. When the details are handled ahead of time, partners spend less energy worrying about paperwork and more time focusing on each other and their loved ones.
Let’s Talk About What Makes Sense for Your Family
Every family is different, and your updated estate plan should reflect that. If you have questions about what happens when a spouse dies, how assets pass, or whether your current documents still fit your life, we’re here to help.
At Jeremy Atwood Law, we offer thoughtful guidance for married couples in Utah at any stage of the planning process. It doesn’t matter if your wedding was last month or 30 years ago; it’s never too early or too late to think about your future.
Schedule a free consultation today, and let’s protect the people who matter most in your life.
