When you’re married, planning ahead means more than just sharing a future—it also means protecting it. Estate planning allows you and your spouse to make decisions now that will ease uncertainty later. It’s not just about passing down property. It’s about making sure your wishes are honored, your loved ones are cared for, and your assets are preserved. Whether you’re newly married or have spent years together, having a plan in place gives both of you peace of mind. At The Law Offices of Patricia Bloom-McDonald, we can help you put that plan into action.

Setting the Foundation: Wills and Trusts

A complete estate plan typically starts with a Last Will and Testament, but Trusts can offer added protection, privacy, and flexibility, especially for married couples.

A last will and testament allows you to decide who will receive your property, name a guardian to care for your minor children, and appoint someone you trust to manage your estate after you pass away. 

But Last Will and Testaments alone may not offer the level of control or flexibility some couples are looking for. That’s where Trusts come in. Several types of Trusts can help you meet your goals as a couple:

  • Revocable Living Trust – Lets you transfer assets during your lifetime while keeping control. When one spouse passes away, the surviving spouse can continue managing the Trust without going through probate.
  • Bypass Trust (Credit Shelter Trust) – Used to minimize estate taxes by taking advantage of each spouse’s exemption.
  • QTIP Trust (Qualified Terminable Interest Property Trust) – Helps a spouse provide for the surviving partner while ensuring remaining assets go to chosen beneficiaries, such as children from a previous marriage.
  • Joint Trust – A single trust created and funded by both spouses, often used when all assets are shared.

Trusts can also help protect assets for children, manage distributions over time, and ensure privacy. We’ll help you understand which types of trusts make sense for your situation.

Protecting Each Other: Powers of Attorney and Health Care Proxies

Planning also involves preparing for life’s unexpected moments. If one spouse becomes incapacitated, the other may need to act quickly on their behalf. We prepare:

  • Durable Power of Attorney – This allows your spouse or someone you trust to handle financial matters, such as paying bills, managing accounts, or signing legal documents if you’re unable to do so.
  • Health Care Proxy – This gives someone the authority to make medical decisions if you’re unable to communicate.

Without these documents, your loved one may need court approval to step in—at a time when they’re already dealing with enough. 

Minimizing Taxes and Avoiding Probate

Estate taxes can take a significant portion of what you leave behind if you’re not prepared. In Massachusetts, estates valued over $2 million are subject to the state estate tax. On top of that, larger estates may also be subject to federal estate taxes, which apply to estates exceeding the federal exemption amount—currently over $13 million per individual but subject to change in the coming years.

Married couples have opportunities to reduce or eliminate these tax burdens with careful planning. For example, credit shelter trusts can allow both spouses to take full advantage of their individual estate tax exemptions. Lifetime gifting strategies can move assets out of your taxable estate gradually. Trust-based planning can also be used to avoid probate and ensure a more private, efficient transfer of assets.

At The Law Offices of Patricia Bloom-McDonald, we look at your entire financial picture—homes, retirement accounts, life insurance policies, and jointly owned property—and help you structure your estate plan in a way that aligns with current state and federal tax laws. 

Blended Families, Second Marriages, and Unique Concerns

Every marriage is different. Some couples are raising young children. Others have adult children from previous relationships. And many couples own businesses, rental properties, or other complex assets.

We help married couples address questions like:

  • How do I provide for my spouse and still leave something to my children?
  • What happens to my separate property in a second marriage?
  • Who will make decisions if my family members disagree?

Trusts, beneficiary designations, and clear legal documents can help prevent misunderstandings and protect everyone involved. We’ll walk you through your options.

Keeping Your Estate Plan Up to Date

Creating an estate plan is a smart first step—but it’s just as important to keep it current. Life changes and your plan should reflect that. Major events like a marriage, the birth of a child, buying a home, or a change in health or finances can all affect your estate planning needs.

We recommend reviewing your documents every few years or whenever something significant happens. That includes checking beneficiary designations, updating powers of attorney, and making sure your will or trust still reflects your wishes. We work with couples to revisit and revise their plans as life evolves. 

Contact Our Experienced Westport Estate Planning Attorney

At The Law Offices of Patricia Bloom-McDonald, we help married couples across Massachusetts put thoughtful, practical estate plans in place. Our goal is to create a plan that reflects your values, protects your assets, and brings you peace of mind.

You don’t need to make every decision today, but you do need a starting point. We’ll help you take that first step. Contact us today to schedule a consultation. We’ll help you build a plan that works for both of you, now and in the years to come.

Located in Westport, The Law Offices of Patricia Bloom-McDonald proudly serves clients across Massachusetts, including all of Bristol and Norfolk Counties, Plymouth, and the southern coast. Specific areas of service include New Bedford, Fall River, Dartmouth, Acushnet, Taunton, Dighton, Berkley, Swansea, Somerset, Seekonk, Fairhaven, Marion, Raynham, Easton, Mansfield, Attleboro, North Attleborough, Rehoboth, Lakeville, Bridgewater, Rochester, Norton, Assonet, Stoughton, Canton, Sharon, West Bridgewater, Brockton, Whitman, Maynard, Quincy, and Cape Cod. If you cannot come to us, we will come to your home, office, or a convenient location of your choosing. The initial consultation is complimentary.