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www.galbraithlaw.com

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10150 Lantern Road
Fishers, IN 46037
317.578.1400
317.578.0207 fax

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1045 Crosspointe Dr.
Naples, FL 34110
239.593.0996
239.593.4623 fax

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Trustee Support Services LLC

Marital Matters

     Whether you have been married 60 years or are just tying the knot, taking time to make proper legal plans for your future may not be a top priority for you. This could create major headaches (and expenses) in the midst of your marital bliss. In this article, we will consider how some basic legal planning now can pay off big later on.

In Sickness ...
     As part of their vows, most married couples promise to take care of one another in sickness, as well as in health. If you were sick to the point of incapacity, however, would your spouse be able to access your medical records and determine the course of your treatment? No, unless you had given your spouse prior authority through proper legal instruments. This is due to the physician-patient privilege, a legally-protected relationship that can only be waived by the patient.
   In addition to health care matters, your spouse would be stonewalled regarding important financial matters. For instance, during your incapacity your spouse could not legally sign your name to a tax return, a real estate deed, or continue to make gifts on your behalf. Now is the time to make proper legal plans while there is still time.

Until Death ...
     No one likes to sit around thinking about their own mortality, let alone that of their spouse. Nevertheless, death is inevitable for us all. While proper legal and financial planning cannot alter that shared destiny, it can make things easier on your spouse and other loved ones.
     Have you made proper legal arrangements for the smooth transfer of your assets for the benefit of your spouse? Will those arrangements avoid unnecessary court involvement, expenses and federal estate taxes? Without proper planning your final legacy to your spouse and loved ones could be a big financial mess.

Bad Heir Day
     Most American families today are blended families, as a result of divorce-remarriage or death-remarriage. As a natural consequence, it is likely that someone will be unintentionally disinherited following your death. Proper legal planning, often in tandem with proper life insurance planning, can eliminate this risk. Regardless of your unique family dynamics, it is crucial that you make proper plans for the long-term protection of the inheritance you leave behind. Without proper planning, your life's work could be squandered by our spouse's next spouse. Even if that does not occur, it could be squandered by your heirs or lost to their divorces lawsuits and bankruptcies. Only proper long-term protection arrangements for the inheritance can ensure that it becomes a blessing and not a curse after you are gone.

Conclusion
     Marriage is a wonderful institution, with many rewards and responsibilities. A wise sage once observed that a marriage may be made in heaven, but that the maintenance must be done on earth. As part of your earthly marital maintenance program, make sure your legal planning is current and appropriate for your unique circumstances.

This publication does not constitute legal, accounting or other professional advice. Although it is intended to be accurate, neither the publisher nor any other party assumes liability for loss or damage due to reliance on this material.

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