Whether you’re newly married, in a long-term partnership, or building a life together, having the right legal documents in place is one of the most important steps you can take to protect each other. Many couples assume that love and good intentions are enough—but without proper planning, the law may make decisions for you that don’t reflect your wishes.
Here are the top five legal documents every couple should have, and why they matter.
- A Will
A Will is the foundation of any estate plan. It lets you specify who inherits your assets, name guardians for minor children, provide your personal wishes for a funeral and burial or cremation, and designate an executor to carry out your wishes. Even if you plan to create a Living Trust, having a Will is still essential, as it can cover anything not included in your trust and formally appoint guardians for minor children.
California note: In California, probate can be lengthy and costly, so planning carefully with a will is an important first step for couples.
- A Living Trust
For many couples, especially those with real estate or blended families, a Living Trust can be a valuable addition to a Will. A Trust helps manage and distribute assets more efficiently, avoid the costs and delays of probate, provides privacy, and gives you more control over how and when your property is passed on (especially for young or disabled beneficiaries). Together, the Will and Trust work together: the Trust handles the major assets placed inside it, while the Will covers anything not included in the trust and handles guardianship appointments if needed.
California note: Many couples in California use a Living Trust alongside their Will to streamline estate administration and ensure their wishes are carried out smoothly.
- Financial Power of Attorney
A Financial Power of Attorney allows you to name someone—often your spouse or partner—to manage financial matters if you become incapacitated. This can include paying bills, managing bank accounts, handling investments, or running a business.
Without this document, your partner may need to seek court approval to act on your behalf, even if you are married.
Couples should work with an attorney to decide whether a durable (immediate) or springing (effective on incapacity in the future) Power of Attorney best fits their needs.
- Advance Health Care Directive (Health Care Power of Attorney)
An Advance Health Care Directive allows you to:
- Name someone to make medical decisions for you if you can’t
- Express your wishes regarding life-sustaining treatment and end-of-life care
- Designate your primary care physician
This document helps ensure your partner has legal authority to advocate for you during a medical emergency and provides clarity during emotionally difficult moments.
Even couples who are married benefit from having this in writing—especially if family members may disagree about care decisions.
- Beneficiary Designations
Some of your most important assets—such as retirement accounts, life insurance policies, and payable-on-death bank accounts—do not pass through your Will or Trust. Instead, they go directly to the beneficiaries listed on the account.
Couples should regularly review beneficiary designations to make sure they:
- Reflect current relationships
- Are consistent with the rest of the estate plan
- Don’t unintentionally exclude or override planning documents
This step is simple, but it’s one of the most commonly overlooked.
Planning Together Brings Peace of Mind
Having these five documents in place helps ensure that you—not the courts—are making decisions for your future. More importantly, it protects the person you care about most during times when clarity and legal authority matter most.
Every couple’s situation is unique, which is why working with an experienced estate planning attorney is so important.
If you and your partner are ready to put the right legal protections in place—or want to review documents you already have—contact Herbert Law Office at (661) 273-9007 to schedule your FREE consultation.