WHY ESTATE PLANNING DIES IN MARRIAGES
Couples avoid the conversation because:
• It feels morbid
• There's hidden disagreement about who-gets-what
• One spouse has historically handled finances; the other doesn't
feel competent
• There are kids from prior marriages and unspoken fears
• It's never urgent until it's TOO urgent
The fix is structural, not emotional. Block off two evenings.
Use this script.
EVENING 1 — Inventory and big-picture wishes (60 min)
Open a Google Doc or printed worksheet. Both of you contribute.
ASSETS — list everything (estimated values fine):
• Real estate
• Retirement accounts (yours, mine, joint)
• Brokerage / investment accounts
• Bank accounts
• Life insurance policies
• Vehicles
• Business interests
• Personal property of significant value (collectibles, jewelry,
art)
LIABILITIES — list everything:
• Mortgage(s)
• Car loans
• Student loans
• Credit card debt
• Personal loans
PEOPLE — list everyone with a stake:
• Each of you
• Each child (note: yours, mine, ours)
• Each parent or sibling who might need support
• Anyone else
WISHES — at a high level only:
• If [partner] outlives me, what do they need?
• If I outlive [partner], what do I need?
• If we both die together, who handles things, and who
inherits what?
• If we have kids, who raises them?
STOP. Don't try to solve. Just inventory.
End the evening with: "Let's sleep on this. Same time next week
we'll figure out the structure."
EVENING 2 — Decisions and structure (60 min)
Walk through the inventory together. Decide:
1. WHO IS THE EXECUTOR for each of us?
[Often: the surviving spouse, with backup of a sibling or
adult child.]
2. WHO ARE THE BENEFICIARIES on each retirement account / life
insurance?
[Usually: the spouse as primary, kids equally as contingent.
Confirm each account.]
3. DO WE NEED A TRUST?
[Trust makes sense if: total estate > $500K, multi-state
real estate, kids from a prior marriage, special-needs
beneficiary, privacy concerns. Otherwise, may not be
necessary.]
4. WHO IS DURABLE POA for financial matters?
[Usually spouse with sibling or adult child as backup.]
5. WHO IS HEALTHCARE POA?
[Often the spouse, with backup if spouse is unavailable.]
6. WHO RAISES THE KIDS if both of us die before they're
adults?
[Most-deferred decision. Most-painful decision. Make it
now or someone else will make it for you. Pick one couple
and one backup. Talk to them BEFORE naming them.]
7. ARE THERE ANY SPECIFIC BEQUESTS?
[The watch to my brother. The cabin to my niece.
The collection to the historical society. Document.]
8. PERSONAL PROPERTY MEMORANDUM — for items with sentimental
but not high-monetary value.
[Can be updated without changing the will. Many states
allow this attached to the will.]
THE COMMITMENTS
End evening 2 with three written commitments:
1. We will engage an estate planning attorney by [specific date,
within 30 days].
2. We will update beneficiary forms on every account in the
next 30 days, BEFORE we sign the new documents.
3. We will tell each named person (executor, POA, etc.) within
30 days of signing.
Put the dates on the calendar. Don't let the momentum die.
THE HARDER CONVERSATIONS THAT MIGHT SURFACE
Sometimes evening 2 surfaces a disagreement. Common ones:
• Disagreement about who raises the kids
• Disagreement about leaving money to your kids vs my kids
• Disagreement about a sibling who shouldn't get anything
• Disagreement about whether to leave money to charity vs heirs
If you hit one of these, don't try to resolve it in evening 2.
Schedule evening 3 specifically for the disagreement. Use a
mediator if needed (one session with a family therapist who
does estate work is typically $200–$400 — cheap insurance
against the disagreement metastasizing).Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.
Talking with your spouse or partner
The 'our plan' conversation
How couples actually align on estate planning (vs the typical 'we'll get to it')
Use when
You and your spouse / partner are both alive, neither has done meaningful estate planning, and the conversation has been 'we should do that' for years.
Duration
Two evenings of 60 minutes each. Don't try to do it all in one sitting.
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More scripts for talking with your spouse or partner