One of the most common estate planning myths we hear is this:
“I’m married, so if something happens to me, everything will automatically go to my spouse.”
It’s an understandable assumption—but unfortunately, it’s not always true. While marriage does provide certain legal protections, it does not replace a well-prepared estate plan. Let’s break down where this myth comes from, and why relying on it can create serious problems for your loved ones.
Why People Believe This Myth
Marriage does give spouses important rights, including inheritance rights and decision-making authority in some situations. Because of that, many people assume the law will simply “take care of it.”
But the reality is more complicated. What happens after death depends on how assets are titled, state law, beneficiary designations, and whether you have an estate plan in place.
What Actually Happens If You Don’t Have a Plan
If you pass away without a will or trust (called dying “intestate”), state law decides who inherits your property. In many states—including California—your spouse may inherit some, but not necessarily all, of your estate.
For example, in California:
- Community property generally goes to the surviving spouse but must be approved by the Probate Court.
- Separate property (assets owned before marriage or received by gift or inheritance) may be split between your spouse and your children—or other heirs—depending on the situation.
- Tenants in common (sometimes written as “husband and wife”) means that half of the property is subject to Probate where children or other heirs will gain a partial interest in that asset
This can result in outcomes many families don’t expect, such as:
- Your spouse having to co-own property with your children
- Delays due to probate court proceedings
- Added legal costs and administrative burdens
- Family tension during an already difficult time
- Unnecessary taxes for transfers of title to non-spouses
Beneficiary Designations Can Override Assumptions
Certain assets—like retirement accounts, life insurance policies, and payable-on-death accounts—pass according to beneficiary designations, not your marital status or even your estate plan.
If those designations are outdated or incorrect, your assets may go to:
- A former spouse
- An unintended family member
- Someone you no longer wish to benefit
Marriage alone does not automatically update these designations.
Decision-Making During Incapacity Is a Separate Issue
Another important myth tied to this belief is that a spouse can automatically make financial or medical decisions if you become incapacitated.
Without proper documents in place, your spouse may still need court approval to act on your behalf. Tools like a Financial Power of Attorney and/or an Advance Health Care Directive allow your spouse (or another trusted person) to step in smoothly—without court involvement.
Why Estate Planning Matters—Even If You’re Married
A thoughtful estate plan allows you to:
- Clearly state who inherits what
- Ensure your spouse is protected
- Minimize court involvement and delays
- Plan for blended families, minor children, or special circumstances
- Maintain privacy and control
Most importantly, it gives your loved ones clarity when they need it most.
The Bottom Line
Marriage is an important legal relationship—but it’s not an estate plan.
Whether you’re newly married, have been married for decades, or are part of a blended family, having proper estate planning documents in place ensures your wishes are honored and your spouse is truly protected.
If you’re unsure whether your current plan (or lack of one) does what you think it does, now is the perfect time to review it.
A little planning today can prevent a lot of confusion tomorrow.
Ready to Make Sure Your Spouse Is Truly Protected?
If you’re married and want clarity about what would happen to your assets—or need to review or update your existing estate plan—we’re here to help. Contact Herbert Law Office at (661) 273-9007 to schedule your free consultation and take the next step with confidence.