Whether you've recently re-married or entered into a new long-term partnership, it's an exciting new chapter—but it's also an important time to revisit your estate plan. Blending lives often means blending assets, family dynamics, and financial goals, which can make estate planning more complex than it was before. Taking the time to update your plan can help ensure your wishes are honored, your loved ones are protected, and potential conflicts are minimized. As you begin planning for your future together, here are eight important estate planning questions every couple should consider.

1. Are the estates of both parties equal? 

If the individuals in a newly married couple are not equally wealthy, legal documents like a prenuptial agreement or an agreement to keep your estates separate may be a consideration prior to drafting the new estate plan. The goal is to have an estate plan that ensures your wishes will be carried out for your new spouse/partner, as well as for others you care about.

2. Whose name is on the deed to the house? 

It’s often easier to decide which house you will live in—whether that be your home or your partner's. You may choose the home based on factors such as location, mortgage payments, and/or school district. However, if you are in a domestic partnership, you also must specify what will happen in case of death if the surviving partner's name is not on the deed to avoid leaving that individual without a place to live.

3. Who inherits specific assets? 

The new estate plan should indicate who inherits items such as heirlooms, artwork, and jewelry. Specific wishes should not simply be voiced but should also be set out in writing

4. Do you both have powers of attorney? 

POAs are very important documents that give the person you name legal authority to act on your behalf and make decisions for you if you become incapacitated. Depending on state law, you each may need two separate POAs—one for financial decisions and another for medical, including end-of-life, decisions. State law should also be consulted when drawing up these documents.

5. Who will have guardianship of minor children? 

All aspects of what may happen to children from a previous relationship need to be considered and a plan formalized within your estate plan. You and your partner should consider who will have guardianship of children—your new or former partner or spouse—should you die or become incapacitated. If you were previously married, some decisions may be governed by the divorce decree.

6. Who will have guardianship of disabled or special needs children? 

As with children from previous relationships, the future requirements of disabled and special needs children must be addressed. The issues that need to be considered include what type of trust needs to be established to protect the child's assets and income, who will be the trustee of that trust, and who will have guardianship of the child.

7. Will beneficiary designations change as a result of your new relationship? 

Beneficiary designations for accounts, such as your 401(K) or Roth IRA, generally take priority over estate planning documents. It’s important to ensure that the beneficiaries for all such accounts are updated so that the proceeds are handled according to your wishes—if they changed with your new relationship. Similarly, you may wish to update beneficiary information for financial assets such as bank accounts, brokerage accounts, and insurance policies. If you have business assets, that is another asset category that must be addressed.

8. How will you handle federal and state taxes? 

Taxation rules are different for married and unmarried couples at both the federal and state levels. Other taxes to be considered include capital gains, gift, and income taxes.

Final thoughts

It is important to remember that new relationships do not change old ones. If you come to your new relationship with your own home, assets, collectables, traditions, children and grandchildren, creating a new estate plan can be complicated as you try to balance the needs and expectations of your new spouse/partner with the needs and expectations of the people who have been in your life for years. These emotional considerations must be further balanced with complicated financial rules and regulations that limit the choices you have if you want to minimize the amount of tax that may be due.

Have questions?

Contact our Estate Planning team to learn more about how you can make the best decisions for your future and the best course of action.

© 2026