California Married Couple Estate Planning Package - with No Children

California Estate Plan for Married Couple with No Children

A California estate plan for a married couple with no children helps protect each other, your assets, and the people or organizations you choose to inherit. It typically includes a joint Revocable Living Trust with an optional disclaimer trust, a Pour-Over Will for each spouse, Durable Powers of Attorney, Advance Health Care Directives, and related estate-planning documents. The plan provides for the surviving spouse first and then distributes the remaining trust property to the primary and alternate beneficiaries the spouses name, since it does not assume that parents, siblings, or other relatives should inherit. When properly prepared and funded, a living trust can also help avoid probate and simplify administration after each spouse's death.

Disclaimer

These forms are provided by Califorms as general-purpose California legal forms for self-help use. They are not legal advice, and purchasing or downloading them does not create an attorney-client relationship. Califorms does not complete, customize, interpret, select provisions for, notarize, witness, file, record, fund, or administer these documents. Each spouse signs a separate Will, Power of Attorney, and Advance Health Care Directive. The customer is responsible for naming the primary and alternate beneficiaries and their percentages, transferring assets into the trust, and satisfying all signature, witness, notarization, and recording requirements. A disclaimer trust is optional and time-sensitive, and the survivor must meet strict federal and California requirements, generally within nine months of the first death, so tax advice should be obtained before relying on it. Community and separate property characterization, a later-born or adopted child, and a beneficiary organization that later dissolves are all reasons to consult a qualified California attorney before signing.