Many newlyweds assume estate planning is something to think about later in life or after starting a family. However, without a proper estate plan, Nevada state law will determine how assets are distributed, which may not align with a couple’s wishes. Estate planning ensures financial security, protects assets, and prevents unnecessary legal complications.

For those who believe joint ownership or a prenuptial agreement is sufficient, it’s important to understand that estate planning goes beyond these arrangements. This article explores common myths and frequently asked questions about estate planning for newlyweds and explains why having a well-structured plan is essential.

Myth: Joint Ownership Eliminates the Need for an Estate Plan in Nevada 

Joint Ownership May Not Provide Full Protection

A common misconception is that jointly owning all assets means an estate plan is unnecessary because the surviving spouse automatically inherits everything. While joint ownership can ensure a seamless transfer in many cases, there are significant risks to consider:

• Lack of creditor protection – If a surviving spouse has outstanding debts, jointly owned assets could be vulnerable to creditors. Without a proper estate plan, assets may not be fully protected.
• No safeguards in case of incapacity – If a spouse becomes unable to manage financial affairs, joint ownership does not grant the other spouse legal authority to make important decisions. A power of attorney is necessary to provide financial and medical decision-making rights.
• Risk of disinheriting children from previous relationships – If all assets automatically transfer to the surviving spouse, children from a prior relationship may be unintentionally disinherited. The surviving spouse is under no legal obligation to distribute assets according to the deceased’s wishes.

A comprehensive estate plan ensures that assets are protected, properly distributed, and managed in the event of incapacity.

Myth: A Prenuptial Agreement Is Enough

Why a Prenup Does Not Replace an Estate Plan

A prenuptial agreement is designed to clarify asset distribution in case of divorce or death, but it does not address all essential estate planning concerns. Couples relying solely on a prenup may face unexpected legal challenges.

• No provisions for medical or financial incapacity – A prenuptial agreement does not include powers of attorney or healthcare directives. If one spouse becomes incapacitated, the court may need to appoint a guardian, leading to time-consuming and expensive legal proceedings.
• Limited control over asset distribution – While a prenup can outline property division, it does not establish a trust or legally enforce beneficiary designations on key financial accounts. Estate planning tools, such as a living trust, can provide clearer and legally binding asset distribution.
• Court oversight and potential disputes – If estate planning documents are not in place, a probate court will likely oversee asset distribution. This process can become public, expensive, and cause family conflicts.

A well-structured estate plan provides security beyond what a prenuptial agreement offers by ensuring financial and medical decisions are properly managed.

FAQ: Why Do We Need an Estate Plan If We Have No Children?

Asset Distribution Without an Estate Plan

Even without children, newlyweds need to consider how their assets will be handled in case of incapacity or death. Many assume their spouse will automatically inherit everything, but this is not always the case.

• Beneficiary designations matter – Accounts such as life insurance policies, retirement plans, and investment portfolios require specific beneficiary designations. If these are not updated after marriage, assets could unintentionally go to a previous beneficiary, such as a parent or sibling.
• State laws dictate inheritance – In Nevada, if an individual dies without a will, assets may be divided among the surviving spouse and other relatives based on state laws. This distribution may not align with the couple’s intentions.
• Estate planning ensures full control – A legally binding estate plan allows newlyweds to decide how their assets are distributed, ensuring financial security for their spouse and preventing unintended inheritances.

Creating a Nevada estate plan early in marriage helps avoid complications and ensures assets are managed according to the couple’s wishes.

FAQ: Should We Wait to Plan Until After We Move?

Estate Planning Should Not Be Delayed

Some newlyweds hesitate to start estate planning if they anticipate moving in the near future. However, delaying estate planning can leave a couple unprotected in an emergency.

• Medical power of attorney provides immediate protection – Unexpected medical issues can arise at any time. Establishing a medical power of attorney ensures that one spouse can make healthcare decisions for the other if necessary, regardless of where they live.
• Beneficiary designations can be updated now – Key financial accounts, including retirement plans and life insurance policies, should be reviewed and updated to reflect a spouse as the beneficiary. This step is essential, even if the couple plans to move.
• Unforeseen events can happen anytime – Life is unpredictable, and waiting to create an estate plan can lead to unnecessary legal challenges. A foundational estate plan can always be revised after a move.

Newlyweds should take proactive steps now to establish estate planning protections rather than waiting until after a move.

Taking the Next Step in Estate Planning

Estate planning is a crucial step for newlyweds looking to protect their assets, ensure financial security, and avoid legal complications. A well-structured estate plan provides protections that joint ownership and prenuptial agreements alone cannot offer.

Couples ready to take control of their financial future should schedule a consultation with Anderson, Dorn & Rader Ltd.. Their team of experienced Nevada estate planning attorneys can help create a customized plan tailored to each couple’s unique needs.

There are DIY legal document sites on the Internet that sell generic fill-in-the-blanks legal documents including last wills. Another type of do-it-yourself estate planning involves the use of joint ownership. It is possible to add a co-account holder to your brokerage and/or bank accounts. If you do this the co-owner would be the only owner of the assets in these accounts at the time of your passing. You could instruct this individual to distribute this remainder to other people of your choosing. Voilà, you have an estate plan in place (or so the story goes).
There are difficulties with this strategy of joint ownership. Clearly you are going to choose a joint owner that you think you can trust. Be that as it may, you have no guarantees regarding what this person does with the money after you pass away. He or she may not agree with your inheritance ideas. As a result individuals that you care about may ultimately be disinherited. There is also the matter of creditors. If your co-owner was to accrue debt his or her creditors could seek to attach or lien property that is held jointly. The same is true of anyone who may be suing the co-owner for one reason or another. In the case of divorce a departing spouse could target these funds as well. Then there is the issue of a loss of the full step up in basis of appreciated assets.
Joint ownership is not a truly viable alternative to a properly constructed estate plan. Discuss these matters with a qualified estate planning attorney to be sure that your wishes become a reality after you pass away.