After the honeymoon

Getty Images 1055009962
Husbands and wives need to create fresh estate documents once the marriage takes place, otherwise, it could mean a trip to probate court—wasting valuable time and money.

By Beth Newcomb

Anytime is the right time to get your estate planning affairs in order, but there is a “best” time to make sure your wishes are carried out and loved ones protected.

Jay Nabors, a Cleveland-based attorney who focuses on estate planning, notes that two people joining their lives together through marriage need to make estate planning a priority. “While husbands and wives have status when it comes to certain estate planning matters, such as who gets the mansion house and cars if the spouse passes away, marriage doesn’t automatically provide your partner with the right to make decisions on your behalf should you become incapacitated.”

In fact, husbands and wives need to create fresh estate documents once the marriage takes place, otherwise, it could mean a trip to probate court—wasting valuable time and money.

“If a husband doesn’t list his wife on his durable power of attorney for healthcare and finances, and then becomes incapacitated, she cannot make decisions regarding his care and will have to go to probate court to have herself appointed as a guardian to the husband. Additionally, if medical bills start to drain the family finances, she can’t access funds like retirement accounts without proper documentation.”

Jay says once the honeymoon bliss is over, it’s a good idea to schedule a time to meet with him to create a will and power of attorney for each spouse, no matter how young or old you both are.

Jay is a partner with Weston Hurd LLP. Typically he sees clients at the firm’s office in downtown Cleveland, in addition to meeting with clients in Strongsville upon request. Virtual meetings, house calls and select evening appointments are available.

To reach Jay Nabors of Weston Hurd LLP, call 216-687-3205. His office is at 1300 E. 9th Street, Suite 1400 in Cleveland. Jay can also meet clients at 11221 Pearl Road in Strongsville.