Newlyweds Cannot Neglect Estate Planning

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KS and MO Attorney Kyle E Krull

Written by Kyle Krull

Attorney & Counsellor at Law Kyle Krull is founder of Harvest Law KC, an Estate Planning Law firm located in Overland Park, KS. Estate Planning Attorney Kyle Krull has provided continuing education instruction to attorneys, accountants, and financial professionals at local, state, and national programs.

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POSTED ON: November 13, 2025

Marriage does not automatically give newlyweds legal authority over all financial and healthcare matters for their spouse.

Newlyweds should prioritize estate and financial planning after their nuptials.

Weddings are wonderful and often busy occasions.

Brides, grooms, and families plan every detail of the ceremonies and receptions.

While couples may feel they can simply settle down and do nothing after they tie the knot, this is unrealistic.

According to a recent Kiplinger article titled “Here’s How to Help Soon-to-Be Married Clients Get Their Financial House in Order,” newlyweds must shift into merging their financial lives and planning for their futures.

Newlyweds require estate planning.

Estate planning helps newlyweds build a solid financial foundation for their lives together.

Suppose couples did not create an antenuptial agreement before the wedding but still desire the structure and protections it provides.

In that case, they may choose to execute a postnuptial agreement after the wedding.

What do these documents accomplish?

These agreements delineate assets held by both parties before marriage and outline obligations and individual rights in the event of divorce or death.

When one partner enters the marriage with significantly more assets than the other, or with assets intertwined with their family, these agreements take on even greater importance in estate planning.

For example, when someone owns shares in a family business, they must protect the business by planning for what will happen to the shares if there is a divorce, one spouse dies, or a partner wants to sell the business.

Creating a marital agreement requires full financial disclosure and takes time and effort.

Although many engaged couples and newlyweds see marital agreements as negative because they seem to anticipate divorce, these agreements do not indicate a lack of trust or love.

They are tools for clarifying wishes and discussing financial issues.

Couples can avoid significant stressors in their marriage by making and legally documenting important financial choices.  

When newlyweds have a comprehensive view of their finances and assets, they can transition more smoothly into merging their daily lives.

If newlyweds had individual estate plans before marriage, these need to be reviewed and updated.

When no previous estate plan exists, one must be created.

Couples should work with an experienced estate planning attorney to ensure their partner is protected and provided for if one of them dies.

While marriage confers certain rights and responsibilities, it does not automatically give legal authority over financial or healthcare matters.

If one spouse becomes incapacitated, the other will have to seek court recognition to make decisions in the absence of incapacity and to plan the estate.

Yikes!

For older adults or those with chronic health conditions who are getting married, the risk associated with not having incapacity documents in place is high.

Newlyweds should also establish a last wills or a revocable living trust to ensure their assets are distributed according to their wishes.

Because a variety of accounts are inherited through beneficiary designations, it is easy to overlook these assets in estate planning.

After getting married, you should review all of your accounts and insurance policies and update your beneficiary designations.

Failing to do so could leave your spouse without much-needed funds.

You cannot rely on courts to override the designation in your beneficiary documents. 

Newlyweds who are concerned about taxes or hope to make significant charitable gifts may opt to include irrevocable trusts in their estate plans.

While newlyweds dream of the life they are building together, they often require the support of an experienced estate planning attorney to create a comprehensive plan for their financial and legal future.

If you have recently married and want to protect yourself and your new spouse, you can request a consultation with Harvest Law KC.

This post is for informational purposes only and does not provide legal advice. You should consult an attorney for advice on any specific issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.

Reference: Kiplinger (October 4, 2026) “Here’s How to Help Soon-to-Be Married Clients Get Their Financial House in Order”

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