If you are married and over 65, you probably have sweetheart wills, which means that if one spouse dies, they leave everything to their spouse. This can be problematic because it subjects your entire estate to the risk of being lost if the survivor ends up needing nursing home care. Wills that leave everything to each other instead of for each other are more effective can ensure you leave an inheritance for your children.
Hi, I’m Wes Coulson and this is your Elder Law Minute. If you’re married and over 65 and you have Wills, I’m going to bet you that your Wills are exactly wrong for you. Now, why would I say that? Well, most married people have what we call “sweetheart Wills.” Each of them provides that if they die first, they’re leaving it all to the other one and then it goes to the kids when the second one dies. The problem with that is that it subjects your entire estate to the risk of being lost if the one of you who lives longer winds up needing nursing home care. You can effectively change that and it’s not that difficult, by having Wills that leave everything to each other rather than for each other, in the case of the spouse who dies first. It’s an easy way of making sure that your children are going to receive an inheritance. Talk to me and I’ll tell you more about it. Thanks!