Updating Your Estate Plan After the Loss of a Spouse
The loss of a spouse is one of the most difficult experiences life can bring. While grieving and adjusting to a new reality, legal matters are often the last thing on your mind. Still, reviewing and updating your estate plan is an essential step in protecting your future and making sure everything is aligned with your current wishes.
At Harper Law, we work with clients throughout Connecticut who are facing this kind of transition. We are here to help you understand what needs to be reviewed and how to move forward at a pace you’re comfortable with.
1. Update Your Health Care Instructions
Many spouses name each other as health care representatives in an Advance Health Care Directive. In Connecticut, this document allows you to name someone who can make medical decisions for you if you become incapacitated.
If your spouse was listed and no alternate was named, it is important to update this document. You may choose an adult child, a trusted friend, or another relative who can honor your wishes in a medical emergency.
2. Appoint a New Agent Under Your Power of Attorney
A Durable Power of Attorney authorizes someone to manage your financial and legal affairs if you are unable to do so, or if you simply choose not to handle them yourself. If your spouse was named as your agent, that authority ends upon their passing.
It is important to appoint a new, trusted individual who can take on responsibilities, such as managing accounts, paying bills, or signing documents on your behalf. Leaving this document unchanged could cause delays when important decisions must be made.
3. Review Beneficiary Designations and Account Titles
Not all assets pass through a will or trust. Life insurance policies, retirement accounts, and payable-on-death bank accounts transfer directly to the individuals named as beneficiaries. After the death of a spouse, it is essential to review these designations and update them as needed.
You should also review any jointly held accounts or property titles. If you and your spouse owned property jointly with rights of survivorship, your spouse’s share automatically passes to you at their death, making you the sole owner. At this stage, it is important to consider what should happen to these assets if you were to become incapacitated or pass away, and to update your estate plan to ensure your wishes are carried out.
4. Revisit Your Will and Any Existing Trusts
If you and your spouse created wills or a revocable living trust, this is the time to review them carefully. Connecticut law allows you to make changes at any point, and this is an important opportunity to ensure your documents still reflect your wishes and long-term goals.
Key areas to consider include:
Naming a new executor or successor trustee
Adjusting distributions that previously included your spouse
Reviewing guardianship provisions for minor children
Confirming that charitable gifts or other legacy plans still align with your values
5. Address Tax Filings and Estate Administration
If your spouse passed away owning a taxable estate, you may be responsible for assisting with its administration. In Connecticut, an estate tax return must be filed for every estate, even those below the exemption amount. As of 2024, the state estate tax exemption is $13.61 million, though this threshold may change in the future.
Working with an attorney can help ensure that all filings are completed accurately and on time, while also preserving any available tax benefits. This may include making the election to transfer (or “port”) a spouse’s unused federal estate tax exemption.
Why Timing Matters
Not every decision needs to be made immediately, but some updates are time-sensitive. Beneficiary designations, property title transfers, and required filings often carry deadlines, so addressing them promptly can help avoid complications later.
When you are ready, we are here to walk through the process with you step by step.
Compassionate Legal Support When You Need It Most
At Harper Law, we know that revisiting your estate plan after losing a spouse can feel overwhelming. Our role is to guide you with clarity, care, and respect.
Whether you need assistance updating documents, administering your spouse’s estate, or simply understanding your options, we are here to support you every step of the way.
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At Harper Law, we deliver trusted estate planning with the personal touch of a hometown practice, helping you move forward with confidence.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult an attorney for specific legal guidance.