Can You Complete an Estate Plan if Your Spouse Refuses to Participate?

Real estate planning for a married couple is important. The couple needs to create trusts, wills, and several other real estate planning tools. Estate planning instruments are particularly helpful for couples because they offer long-term security and peace of mind knowing your future is safe. However, on certain occasions, a partner or spouse might not agree to real estate planning and may refuse to participate. What do you do when a spouse is unwilling to participate in real estate planning?

How to Get Started on Real Estate Planning if Your Spouse is Uninterested?

To start with your real estate planning, the first thing you must consider is talking with a highly skilled real estate planning attorney and tell them about your situation. The attorney will discuss ways to include your spouse in the estate planning process. If you are trying to convince your spouse to be a part of the real estate planning process, nagging, getting angry and shouting won’t be effective.

Making the Right Decisions with an Attorney

It will be in you and your spouse’s best interest if you both are involved in every step of the real estate planning process. However, if your spouse refuses to participate, you can continue with the plan yourself. Start creating your plan, since you hold the right to manage the assets in your possession the way you want to.

Compile a List of Everything

The first step in real estate planning without your spouse’s participation is to compile a list of everything that isn’t jointly owned. For example, make a list of the following:

  1. Your savings
  2. Investments you have made
  3. Retirement account
  4. All items of value
  5. Properties or intellectual rights of a business you started

Maintaining a separate list of everything you own is an effective way to ensure your estate will end up the way you intended. You can still speak with your spouse and then discuss your options with a competent real estate planning attorney with years of experience in the field.

If you want to find out more about this subject or wish to schedule a free consultation session with an experienced family, and real estate planning lawyer, contact Fitzgerald Law Firm by calling at (630) 946-6060.