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What if a spouse refuses to create an estate plan?

On Behalf of | Mar 13, 2022 | Estate Planning

There are many reasons why people may be reluctant to create a plan for the future. People may be fearful of considering what will happen after their death, and others may simply be unaware of why estate planning is critical for adults of all ages and income levels. Regardless, a Texas adult may be in a position where his or her spouse refuses to create an estate plan for one reason or another.  

The next steps for a spouse 

If a spouse is not interested in creating an estate plan in conjunction with his or her partner, there are still steps the other one may take that will protect his or her interests. Some of the specific ways a spouse can create legal and financial protection for himself or herself include: 

  • He or she may create a will, outlining preferences for the distribution of assets after passing. 
  • A spouse may want to take out a life insurance policy, which is a practical way to leave money for a beneficiary without going through probate. 
  • The establishment of a trust allows one to set aside and protect assets for a specific purpose. 

Confidence for the future 

While there is no way to guarantee what will happen in the future, an estate plan allows a Texas spouse to have a measure of control over certain things. Even if his or her spouse refuses to create an estate plan or participate in the process, the other spouse can take certain steps for him or herself. An estate planning attorney can provide guidance regarding the specific protections an individual may need. 


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