Estate Planning Tips for Couples with No Kids

Many couples are under the impression that if they don’t have any children, they don’t really need an estate plan. However, the reality is that everyone should have an estate plan – if you’re a legal adult and you own assets, no matter their value, an estate plan is vital. Here is some advice for drawing one up in this situation, from a leading estate planning attorney in New Jersey.

Won’t Everything Just Go to My Spouse Automatically?

Firstly, it’s important to address the main reason why couples with no kids don’t have estate plans – because the law says that, in the event of a spouse’s death, their assets go to the surviving spouse. It sounds simple, but the process is more complex – especially as telling someone what you want to happen isn’t legally binding. Your assets will still have to go through probate, which can take up to a year before your spouse can access them. This could leave them in a dire financial position, as it affects shared assets too. The process can be challenged by others who feel they have the right to inherit, which can delay the process even longer and mean that your assets go to people you wouldn’t want to inherit. It’s simpler, easier and better protection for your spouse if you have an estate plan. Here’s what to consider:

  • Medical and financial decisions: Estate plans are not just about death; they’re about protecting you in the event that you are unable to speak for yourself. Healthcare directives and financial Power of Attorney documents will map out your financial and medical care decisions in detail. This prevents stress on your spouse and family who may be unsure of what you would want under these circumstances and prevent challenges to your care and finances.
  • Inheritance: Most couples want their spouse to inherit in the event of their death, but there are often additional considerations. What would you want to happen if both of you passed on? What if your spouse passed on years later or remarried and you want family heirlooms to go to back to your family rather than passing to theirs? What if you’d like to provide for a family member as well? Or if you’d like to make a gift to a charitable organization close to your heart?

Comprehensive Estate Planning Assistance for Every Situation

At Sedita, Campisano and Campisano in New Jersey, estate planning attorney Frank Campisano is ready to assist you with all your estate planning needs – whether you need to make a business succession plan, a personal estate plan, Last Will and Testament, Power of Attorney, a Living trust or to minimize inheritance tax on your estate.

Contact us today and let us deliver expert estate planning advice to take care of all your wishes – whether your needs are big or small. For more information, please visit our website at

What is an Elder Law Attorney? Do I Need One?

Elder Law

Here is some important insight into this law specialization from an elder law attorney in New Jersey.

Firstly, an elder law attorney works to protect the rights of seniors and their families in areas such as age-related health concerns, wills and trusts, long-term care, elder abuse, and Medicaid planning or disputes. Most of the time, this work is about drawing up legal protection for seniors and their assets rather than working in court. The majority of work in this field includes:

  • Helping seniors draw up or manage their Last Will and Testament, healthcare proxy, Power of Attorney documents, working on inheritance tax issues or drawing up trusts.
  • Assisting family members with legal documentation for guardianship to help them care for, provide for and protect senior loved ones with dementia or other conditions that mean that they are unable to care for themselves.
  • Helping seniors plan for their long-term care needs and developing a strategy to ensure Medicaid qualification, to apply for Medicaid or to challenge a Medicaid dispute. Elder law attorneys are a good source of information when dealing with complex Medicaid issues, such as when one spouse has to move into long-term care while the other is independent.
  • Assisting senior veterans with accessing the benefits due to them, challenging disputes and developing a strategy to ensure quality long-term care.
  • Providing estate planning advice and support, including gift tax matters.
  • Providing legal advice and advocacy in the event of senior fraud or elder abuse, whether by a family member, caregiver, nursing home, or other person.

If you’d like any advice or legal support regarding any of these issues or any other legal issues that affect seniors, it’s advisable to speak to an elder law attorney.

Get Legal Advice and Support from Your Elder Law Attorney in New Jersey

Experienced in elder law, compassionate and committed to his clients, you’ll receive the highest quality legal expertise and guidance you need from Frank R. Campisano. In addition, you can also prepare additional estate planning documents, such as your Last Will and Testament, Healthcare Proxy/Medical Directive, Power of Attorney documents and trusts. For more compassionate legal guidance and a free consultation, please contact us or visit our website at

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