One of the most common estate planning mistakes married couples make is believing that everything will automatically pass to the surviving spouse.

Many couples assume that marriage alone protects the surviving spouse. Unfortunately, Indiana law does not always work that way.

Without proper planning, a surviving spouse may be forced to share assets with children immediately. In some cases, a surviving spouse may even have to share ownership of the family home.

This situation creates unnecessary stress at a time when families are already dealing with loss.

The good news is that this problem is preventable with proper estate planning.

The Misconception That Causes Problems

Many married couples believe:

“My spouse will get everything.”

This assumption is often incorrect.

Under Indiana law, if a married person dies without an estate plan and leaves children, the estate is divided between the spouse and the children.

The surviving spouse typically receives one half of the estate and the children receive the other half.

Children inherit immediately, even if the surviving spouse needs the assets for financial security.

This surprises many families.

How This Affects Real Estate

Real estate is often where the biggest problems occur.

If a home is owned only in the deceased spouse’s name and there is no estate plan, the surviving spouse may end up owning the property together with the children.

This can create serious complications.

The surviving spouse may not be able to:

• Sell the home easily

• Refinance the property

• Take out a mortgage

• Make major decisions about the property

All owners must usually agree before real estate can be sold.

This problem is especially common when children are young or when families do not get along.

Second Marriages Create Even Greater Risk

Second marriages require careful planning.

If either spouse has children from a prior relationship, Indiana law provides a smaller share to the surviving spouse.

The surviving spouse may receive:

• One half of personal property

• One fourth of real estate

Children from prior relationships receive the rest.

Without planning, a surviving spouse may end up sharing ownership of property with stepchildren.

This is one of the most common causes of probate disputes.

Why a Simple Will Is Not Enough

Many people believe that having a will solves these problems.

A will is important, but it does not avoid probate and does not control all assets.

A will also does not protect against:

• Probate delays

• Court costs

• Required notices to heirs

• Public records

In addition, a will alone may not fully protect a surviving spouse if assets are not properly titled.

Estate planning involves more than just a will.

The Right Way to Protect Your Spouse

A properly designed estate plan can ensure that the surviving spouse is financially secure.

Planning options may include:

• A will with appropriate provisions

• A living trust

• Transfer on death deeds

• Beneficiary designations

• Joint ownership planning

• Powers of attorney

The right combination depends on each family’s situation.

When Couples Should Plan

Estate planning is especially important for:

• Married couples with children

• Second marriages

• Families with real estate

• Business owners

• Families with retirement accounts

Waiting too long can leave families exposed to unnecessary risks.

Peace of Mind Through Planning

The purpose of estate planning is simple.

It allows you to decide what happens to your property instead of leaving those decisions to state law.

A well designed plan can protect your spouse and make things easier for your family.

Schedule a Consultation

If you want to make sure your spouse is protected under Indiana law, scheduling a consultation is the best place to start.