In this Elder Law Minute, Steven Milburn explains joint representation in estate planning, when spouses can be represented together, and when separate legal representation may be the better choice.
Introduction
Hi, my name is Steven Milburn and I’m a senior associate attorney here at Dent Coulson Elder Law. These Elder Law Minutes are intended to provide you with a framework to address any questions that you may have in your estate planning journey. Thank you.
What Is Joint Representation?
Today we’re going to talk about the joint representation of spouses.
Frequently, married couples come to us for joint estate planning. Although they are married, each spouse has separate legal interests, and those interests can sometimes diverge.
The Joint Representation Waiver
As part of the estate planning process, we have couples sign a Joint Representation Waiver. This document confirms that both spouses are on the same page, that we are free to share information with both of them, and that they have the same estate planning goals.
When Separate Representation May Be Better
If you are in a second marriage, have a blended family, or your marriage is experiencing challenges, it may be better to complete your estate planning separately.
If, after we begin representing both spouses, we discover disagreements or conflicting interests, we cannot continue representing either spouse. In that situation, each person would need separate legal representation.
Being Honest About Your Goals
That is why it is important to be open and honest with your attorney from the beginning. If you believe there may be disagreements or conflicting goals, separate estate planning may be the best way to ensure your wishes are properly carried out.
Closing
If you have any questions about joint representation or estate planning for married couples, please give us a call at Dent Coulson Elder Law.
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Dent-Coulson Elder Law is dedicated to providing families in the St. Louis area with their Elder Law needs. Our practice areas include Asset Preservation Planning, Veterans Benefits, Medicaid Eligibility, Alzheimer’s Planning, Special Needs Planning, Estate Planning and more. We understand the financial challenges you may face as you and your loved ones grow older. At Dent-Coulson Elder Law, our clients’ well-being is our number one priority. For immediate help, call (618) 632-7000 (IL) or (314) 567-9292 (MO), or Contact Us and we will get in touch as soon as possible.