Is Your Spouse Protected When You’re Gone? What Most Couples Get Wrong About Estate Planning

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Most couples come in and say the same thing when I ask about their estate plan: “Oh, we have a will.” And then they stop there, as if that settles it.

It doesn’t.

A will is a start, but it is far from a complete plan. After decades of working with retirees and pre-retirees, I’ve seen what happens when families rely on a will alone — and it’s rarely the smooth, orderly transition they imagined. Estate planning is about much more than deciding who gets what when you die. It’s about making sure the person who survives you is financially protected, emotionally prepared, and not left scrambling in one of the hardest moments of their life.

The Surviving Spouse Comes First

When I sit down with a married couple, the first question I ask isn’t about assets or inheritance. It’s simpler than that: if one of you dies tomorrow, is the other one going to be okay?

For most couples, that question hits differently than they expect. They’ve spent years focused on whether they have enough to retire, enough to maintain their lifestyle, enough to leave something behind for their kids. But they haven’t thought carefully about what happens on the day the first one of them is gone — and the years that follow.

Take Tom and Susan, a couple we recently worked with. Tom is 67, Susan is 66. Tom is retiring soon after a long career as a physician. They’ve been married 41 years, have two adult children and two grandchildren, and by most measures they are in excellent financial shape. But when we got to the estate planning portion of their financial plan, some important gaps became clear very quickly.

The Financial Shock Nobody Sees Coming

Here is something most people don’t realize until it happens to them: the day your spouse dies, your household income drops — immediately and significantly.

In Tom and Susan’s case, Tom receives about $4,300 a month in Social Security. Susan receives about $2,000. When the first one of them passes, the smaller of those two checks stops. The survivor keeps the larger one, but that $2,000 is simply gone. In a single day, they go from a combined Social Security income of over $6,000 a month to $4,300.

That’s painful enough on its own. But the financial impact doesn’t stop there.

The IRMAA threshold — the income level at which Medicare premiums increase — drops from $218,000 for a married couple filing jointly to $109,000 for a single filer. Roth conversion strategies that were carefully built around the married filing jointly brackets suddenly need to be rethought. Required minimum distributions that were manageable under one tax structure now fall under the less favorable single tax brackets. What used to be a well-optimized plan can unravel quickly if it wasn’t built with the surviving spouse in mind.

This is what I call the widow’s tax. It’s not a single line item — it’s the cumulative effect of losing one income, crossing into higher tax brackets, and facing larger Medicare premiums, often all at once. And it can hit two years after the death, when IRMAA catches up, just when the surviving spouse thought they had stabilized.

The Documents You Actually Need

Once we’ve addressed the income and tax picture for the surviving spouse, we turn to the legal documents. This is where I send clients to an estate planning attorney, and it’s where most people realize how out of date — or how incomplete — their paperwork really is.

Tom and Susan hadn’t revisited their estate documents since their children were young. That’s more common than you might think. Life moves fast, and updating legal documents rarely feels urgent until it is. Here is what we recommend for most couples.

A durable power of attorney gives someone the legal authority to make financial decisions on your behalf if you become incapacitated. For most married couples, each spouse is the other’s primary agent. But here is something people miss: power of attorney ends at death. The moment your spouse passes, they can no longer act on your behalf. That’s why you need a secondary agent — typically an adult child — already named and ready to step in. Without that, your surviving spouse may find themselves without anyone legally authorized to help them manage financial matters at exactly the moment they need it most.

A healthcare power of attorney works the same way, but specifically for medical decisions. Who can speak to your doctors? Who can authorize treatment or make care decisions if you can’t? This document answers those questions before they become urgent.

An advanced directive, sometimes called a living will, goes a step further. It spells out your wishes for end-of-life care — what measures you do or don’t want taken to prolong your life. This document is one of the most important gifts you can give your family. I’ve seen families torn apart in hospital waiting rooms, arguing over what Mom or Dad would have wanted, with no clarity to guide them. An advanced directive removes that burden from your children at one of the hardest moments they will ever face.

And yes, you need a last will and testament. Even if other documents and beneficiary designations handle most of your assets, a will acts as the safety net — the catch-all that ensures anything left over goes where you intend.

When a Trust Makes Sense

For Tom and Susan, we also recommended a revocable living trust. This isn’t the right tool for everyone, but in their case it made sense for a couple of reasons.

First, one of their adult sons has struggled with handling money responsibly. If both Tom and Susan were to pass in the next few years, leaving a large inheritance to him outright could do more harm than good. A trust allows them to control how and when that money is distributed, even after they’re gone.

Second, a trust is particularly useful for real estate. In North Carolina, where Tom and Susan live, there is no beneficiary deed option for property. By placing their home in a revocable living trust, they can ensure it passes directly to their heirs without going through probate — saving their family time, legal costs, and a considerable amount of stress.

The Beneficiary Designation Mistake That Can Undo Everything

Here is one of the most important things I tell every client, and I’ll tell you too: check your beneficiary designations.

Your IRA, your 401(k), your life insurance policy — all of these have named beneficiaries on file. And here is the part that surprises people: those designations override your will. It doesn’t matter what your will says. If your IRA names someone as beneficiary, that person gets the money, full stop.

I’ve sat across from couples who listed an ex-spouse as the beneficiary on a retirement account years ago and simply forgot to update it. They had a will that said something completely different. The will didn’t matter. The beneficiary designation controlled what happened.

Take an hour and pull out every account you have — retirement accounts, life insurance, annuities, bank accounts. Check who is named. Make sure it reflects your actual wishes. For accounts that don’t have a beneficiary option, such as regular bank or brokerage accounts, ask about adding a payable-on-death or transfer-on-death designation. It works like a beneficiary — it passes the asset directly to the person you name, outside of probate, quickly and cleanly.

A Note on Federal Estate Taxes

Many people worry about estate taxes, and I want to put that concern in perspective. The federal estate tax exemption is currently around $15 million. Tom and Susan have a net worth between four and five million dollars — a substantial amount, but nowhere near that threshold. The vast majority of people we work with are in the same position. Federal estate taxes simply aren’t a concern for them.

What is a concern, however, is the tax burden sitting inside their IRAs and 401(k)s. That money has never been taxed. When Tom and Susan’s children inherit those accounts, they will owe income tax on every dollar they withdraw — and under the current rules, they must empty the account within ten years. Depending on how much is in there, that can be a significant tax bill for the next generation.

This is why we do Roth conversions as part of the broader plan — to reduce the pre-tax balance and ease that future burden. And it’s also why I want to leave you with one final piece of guidance: do not name your trust as the beneficiary of your IRA. It creates a tax problem that is entirely avoidable. Name your beneficiaries directly.

The Bottom Line

Estate planning isn’t a one-time box to check. It’s a living part of your financial plan that needs to be reviewed, updated, and kept in sync with your life as it changes.

If you haven’t looked at your documents in years, now is the time. If you don’t have a durable power of attorney, a healthcare directive, and an updated will, your family is exposed in ways you may not fully appreciate. And if you haven’t thought carefully about what happens to your surviving spouse the day after you’re gone — the income, the taxes, the Medicare premiums, the loneliness of navigating it all alone — that conversation needs to happen now, while there’s still time to get it right.

Your spouse has spent a lifetime building something with you. Make sure the plan protects them when they need it most.

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Contact us today with any questions, concerns, or just to stay connected.

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Is Your Spouse Protected When You’re Gone? What Most Couples Get Wrong About Estate Planning

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Understanding the Upcoming 2026 Income Tax Increase: What You Need to Know

A Brief History of the Tax Cuts and Jobs Act (TCJA)

In today’s Cardinal lesson, we’re discussing the significant changes coming to income tax rates in 2026. This isn’t a proposal but a law already set in motion. The Tax Cuts and Jobs Act (TCJA), passed in 2017 and effective from January 1, 2018, brought about substantial reductions in income taxes. However, these reductions were only funded for eight years, meaning they will expire at the end of 2025.

What Changes to Expect in 2026

As of January 1, 2026, the tax rates will revert to their 2017 levels, adjusted for inflation. Key changes include:

  • The 12% bracket will increase to 15%.
  • The 22% bracket will rise to 25%.
  • The top rate of 37% will revert to 39.6%.

Not Just a Proposal

It’s crucial to understand that this change is already the law. Many people mistakenly believe that the tax rate increases are still under discussion. However, unless Congress enacts new legislation, these higher rates will take effect as scheduled.

Implications for Your Financial Planning

Impact on IRAs and 401(k)s

With the current lower tax rates, now is the time to consider strategies like Roth conversions. By converting funds from a traditional IRA to a Roth IRA now, you can potentially save a significant amount in taxes over the long term.

Why Planning Ahead is Crucial

For individuals with substantial retirement savings, understanding these changes is vital for effective tax planning. The window to take advantage of the current lower tax rates is closing, and planning ahead can make a significant difference.

Case Studies and Planning Opportunities

Hans Scheil and Tom Griffith discuss specific case studies and planning strategies in our latest video. These examples illustrate how different scenarios can be managed effectively:

  • Case Study 1: A married couple with an adjusted gross income of $150,000 in 2024 can convert part of their IRA to a Roth IRA, taking advantage of the lower current tax rates.
  • Case Study 2: High-net-worth individuals with large IRAs can save substantial amounts in taxes by planning conversions over the next two years.

Estate Tax Considerations

The TCJA also doubled the estate tax exemption, which will revert in 2026. This change can significantly impact high-net-worth individuals, making estate planning more crucial than ever.

Action Steps to Take Now

  • Review Your Current Tax Situation: Analyze how the upcoming changes will affect your finances.
  • Consider Roth Conversions: Take advantage of the lower tax rates before they expire.
  • Plan for Estate Taxes: Assess your estate plans in light of the changing exemptions.

Conclusion

The changes coming in 2026 are significant, but with proper planning and informed decision-making, you can navigate these changes effectively. Watch our video for more detailed insights and personalized advice.

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Contact us today with any questions, concerns, or just to stay connected.

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