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Estate Planning Myths: Why 'Everything Will Go to My Spouse' Might Not Be True - Asset Distribution in Washington State

Writer: Mackenzie SorichMackenzie Sorich

Models of houses and keys asset distribution

A common misconception among married couples is that, without an estate plan, all assets will automatically pass to their spouse upon death. While this assumption may seem logical, it often does not align with the legal realities of estate planning.


In many cases, the default rules that govern asset distribution—called intestacy laws—may not provide for your spouse in the way you expect. Without a proper estate plan in place, your assets could be distributed in ways that conflict with your wishes. Here’s why it’s essential to take control of your estate planning:

Washington State’s Laws Determine Asset Distribution

If you pass away without a valid estate plan, state intestacy laws dictate how your assets are distributed. These laws vary from state to state, but in many instances, your spouse may only inherit a portion of your estate, with the remainder going to other family members, such as children or parents. This can create unintended consequences, especially if your intention was for your spouse to inherit everything. For some heirs, an inheritance may even cause them to loose important long-term care or disability benefits. 


Tax Implications Without an Estate Plan Plan

Without an estate plan, your estate may be subject to taxes that could significantly reduce the amount passed to your heirs. Proper estate planning allows you to minimize potential tax burdens through various strategies, such as trusts or charitable donations. By proactively planning, you can protect more of your estate for your spouse and other beneficiaries.


Ensuring Your Legacy is Honored

An estate plan enables you to decide exactly how your assets will be distributed, ensuring your legacy is preserved according to your wishes. Whether it's personal property, real estate, or financial assets, you can control how they are passed on, rather than leaving these decisions to state law. This can be especially important for protecting specific family heirlooms or ensuring financial stability for your spouse.


Addressing the Needs of Blended Families

For those in blended families, estate planning is critical to ensure that all loved ones are provided for according to your wishes. Without a clear plan, the default laws may not account for stepchildren or other family members. An estate plan gives you the flexibility to address the unique dynamics of your family and ensure that everyone is cared for.


Why Create an Estate Plan in Washington State?

By creating a comprehensive estate plan, you maintain control over how your assets are distributed, avoid unnecessary tax burdens, and ensure that your spouse and other loved ones are adequately provided for.


Take the next step in securing your future by creating a thoughtful estate plan that reflects your wishes and protects your legacy.

For more information or to get started, contact our office today.


For assistance, call us at 206-703-0764 or contact us online to schedule a consultation.

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