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Wasinger Law Office, PLLC, 605 E. Robinson Street , Suite 730, Orlando, FL (2026)

10/19/2026

Q: If I leave everything to my spouse, will my children inherit it later?

A: Not automatically. Assets left outright generally belong to your spouse.

At Wasinger Law Office, PLLC, a Personal Family Lawyer® attorney helps you review what your children would actually receive. Shared intentions and matching wills alone do not necessarily make that future inheritance binding.

10/16/2026

“Your family needs a clear path to the accounts that matter, with the right authority to act.”

I help families connect their legal documents, trusted decision-makers, and practical information so the people they love are not left to reconstruct the plan from a laptop and a stack of mail.

Matthew T. Wasinger, Personal Family Lawyer® attorney

10/15/2026

𝐘𝐨𝐮𝐫 𝐏𝐚𝐬𝐬𝐰𝐨𝐫𝐝𝐬 𝐀𝐫𝐞 𝐍𝐨𝐭 𝐘𝐨𝐮𝐫 𝐏𝐥𝐚𝐧. 𝐇𝐞𝐫𝐞’𝐬 𝐖𝐡𝐚𝐭 𝐘𝐨𝐮𝐫 𝐅𝐚𝐦𝐢𝐥𝐲 𝐍𝐞𝐞𝐝𝐬

“Can you show me where to find that?” is a simple question until you are the person who cannot answer it. Your spouse is sitting at the kitchen table with a laptop, an overdue bill, and no idea which email address unlocks the account.

If you were suddenly unable to manage your accounts, the people you love would notice quickly. Planning for online accounts during incapacity starts with what they would need to find first: an insurance policy, a mortgage payment, tax records, a business portal, or an account that needs protection from fraud.

Online accounts incapacity planning belongs in the same conversation as the rest of your plan. It is not about cataloging every app on your phone. It is about helping your family find what matters and making sure your legal plan does not stop at the filing cabinet.

𝐏𝐥𝐚𝐧𝐧𝐢𝐧𝐠 𝐟𝐨𝐫 𝐎𝐧𝐥𝐢𝐧𝐞 𝐀𝐜𝐜𝐨𝐮𝐧𝐭𝐬 𝐃𝐮𝐫𝐢𝐧𝐠 𝐈𝐧𝐜𝐚𝐩𝐚𝐜𝐢𝐭𝐲 𝐒𝐭𝐚𝐫𝐭𝐬 𝐁𝐞𝐟𝐨𝐫𝐞 𝐚 𝐂𝐫𝐢𝐬𝐢𝐬

Start with the accounts that connect to your family’s actual life: email, banking and bill pay, cloud storage, phone accounts, insurance portals, retirement accounts, digital photos, online businesses, and any accounts that hold money, records, or irreplaceable memories.

If you are the only person who knows where those accounts are or how to identify them, your family may lose precious time just trying to understand the landscape. A password scribbled on paper does not explain which accounts exist, what they are for, or what you want done with them.

When I begin this conversation with a family, I am not asking them to become cybersecurity experts. I am asking a simpler question: if you could not respond tomorrow, what would your spouse, agent, trustee, or executor need to locate first?

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: Your online accounts are not separate from your family’s financial and personal life. They are part of the picture your plan needs to address.

𝐀 𝐏𝐚𝐬𝐬𝐰𝐨𝐫𝐝 𝐋𝐢𝐬𝐭 𝐇𝐞𝐥𝐩𝐬. 𝐘𝐨𝐮𝐫 𝐀𝐠𝐞𝐧𝐭 𝐍𝐞𝐞𝐝𝐬 𝐭𝐡𝐞 𝐑𝐢𝐠𝐡𝐭 𝐀𝐮𝐭𝐡𝐨𝐫𝐢𝐭𝐲.

It is tempting to think, “My spouse knows my passwords, so we are covered.” But providers have their own terms and security procedures, and access to an account is not always the same as legal authority to manage it.

Many states have rules addressing a fiduciary’s access to digital assets, but the result can depend on your documents, the provider’s online tools and terms, the kind of account involved, and your state’s law. Email and private communications can raise different issues from a digital file or an account balance.

That does not mean you need a complicated digital-estate-planning package before you can take action. It means your account inventory should be paired with a current estate plan, a properly chosen agent or fiduciary, and clear instructions about the accounts that matter most. For each important account, find out whether the provider offers an authorized-user, legacy, inactivity, or emergency-access process, and document the appropriate process in your secure inventory. Do not assume a shared password gives someone permission to act.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: An account inventory can be useful. It is not a substitute for provider-approved access arrangements and a plan that gives the right people a lawful role.

𝐘𝐨𝐮𝐫 𝐏𝐫𝐨𝐯𝐢𝐝𝐞𝐫 𝐂𝐡𝐨𝐢𝐜𝐞𝐬 𝐀𝐫𝐞 𝐏𝐚𝐫𝐭 𝐨𝐟 𝐭𝐡𝐞 𝐏𝐥𝐚𝐧

The plan is not limited to the documents in your binder. It also includes choices you make inside the platforms that hold your information. Google, Apple, financial institutions, and other providers each have their own account tools, security rules, and terms.

For example, some providers let you name a person through an online legacy or inactivity tool. Under versions of the Revised Uniform Fiduciary Access to Digital Assets Act adopted in many states, a direction made through a provider’s tool can take priority over a contrary instruction in a will, trust, or power of attorney. The exact rule depends on your state and the account involved, but the practical lesson is simple: choices inside an online account can be part of your plan, not an afterthought.

Apple offers a Legacy Contact feature for certain data after death, but Apple says a Legacy Contact cannot access passwords, passkeys, or payment information stored in iCloud Keychain. That is one literal reason passwords are not your plan. A family needs to know which tool applies, what it covers, and where the protected access information is kept.

Incapacity creates a different question. If you want an agent under your power of attorney to deal with online accounts while you are alive but unable to act, the authority in your documents may matter. In some state laws, access to the content of electronic communications requires express authority. A generic power of attorney may not resolve every provider or communication issue.

Before a problem arises, look at your power of attorney with a practical lens. Does it expressly address digital assets and, where your state requires it, the content of electronic communications? Does the person you chose as agent know which provider tools you already set up and where the secure inventory is kept? Those questions do not require you to solve every technology issue. They help make sure the legal role and the practical system can work together.

If you have an ongoing Personal Family Lawyer® relationship, your family has someone who already knows the plan, the people you chose, and where the secure inventory fits. That does not make me your emergency technology help desk. It means your family does not have to begin by explaining your whole life to a stranger.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: Your online account settings, legal documents, and secure inventory need to work together so the right person can find the right information and have the authority to act if you cannot.

𝐃𝐨 𝐍𝐨𝐭 𝐏𝐮𝐭 𝐄𝐯𝐞𝐫𝐲 𝐏𝐚𝐬𝐬𝐰𝐨𝐫𝐝 𝐢𝐧 𝐘𝐨𝐮𝐫 𝐖𝐢𝐥𝐥

Your will can become part of a court record after death. That makes it the wrong place for a detailed list of passwords, recovery codes, or security answers.

A safer first step is to maintain a secure inventory outside your will. A reputable password manager, secure storage, or another protected system may be appropriate. The point is not to create a document that anyone can open. It is to create a practical path for the right person to find the right information at the right time.

Your inventory can be simple. Note the account category, where it is held, why it matters, and who should be contacted or consulted. Keep the sensitive access information protected, and review the inventory when you change devices, providers, or family roles.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: Good planning makes important information findable without making it vulnerable.

𝐓𝐡𝐢𝐬 𝐈𝐬 𝐚𝐧 𝐎𝐩𝐞𝐧𝐢𝐧𝐠, 𝐍𝐨𝐭 𝐚 𝐇𝐨𝐦𝐞𝐰𝐨𝐫𝐤 𝐀𝐬𝐬𝐢𝐠𝐧𝐦𝐞𝐧𝐭

Many people put off this subject because it feels endless. They picture hundreds of accounts and conclude they will deal with it later.

Please do not let perfection become the reason nothing begins. Start with the five accounts that would create the most immediate trouble if nobody could find them. Then add the people who need to know where your secure inventory is kept.

As your Personal Family Lawyer firm, I can help you connect that first conversation to your Life & Legacy Planning process: who has authority, which roles already exist in your documents, what should be coordinated with your financial and insurance professionals, and where you may need more specialized digital guidance.

This is an area that will keep growing. You do not need every answer today. You do need to be willing to notice that a family plan in 2026 includes more than paper assets.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: The first win is not a perfect inventory. It is opening the conversation while you still have the chance to make thoughtful choices.

𝐋𝐢𝐟𝐞 & 𝐋𝐞𝐠𝐚𝐜𝐲 𝐏𝐥𝐚𝐧𝐧𝐢𝐧𝐠® 𝐒𝐞𝐬𝐬𝐢𝐨𝐧: 𝐖𝐡𝐚𝐭 𝐘𝐨𝐮 𝐂𝐚𝐧 𝐃𝐨 𝐑𝐢𝐠𝐡𝐭 𝐍𝐨𝐰

Choose one hour this week. Start with one category, such as household bills, insurance, or family records, and make a short list of the online accounts your family would need to locate if you could not manage them. Tell one trusted person where your secure inventory is kept. Then bring that list to your next planning conversation.

As a Personal Family Lawyer firm, I help you create a Life & Legacy Plan tailored to your people, your resources, and your values. I do not do one-size-fits-all planning. Together, we can identify what belongs in your legal plan, what needs a practical system, and when a specialist should be part of the conversation.

The relationship doesn’t end when the documents are signed. When something happens, your family knows to call me. Schedule a complimentary 15-minute discovery call.

Schedule a complimentary 15-minute discovery call.

Warmly,

Matt Wasinger, Attorney and Counselor at Law

This article is a service of Matt Wasinger, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

10/12/2026

Q: My spouse knows my passwords. Is that enough?

A: No. What happens when a verification code goes to your unavailable phone, or your spouse needs help from the provider?

Knowing your password does not establish their authority to act.

A Personal Family Lawyer® attorney helps connect your legal plan with provider-approved access arrangements, so your family has more than a login to rely on.

10/09/2026

“Before we choose a beneficiary, I want to know what this money needs to make possible.”

Matthew T. Wasinger, Personal Family Lawyer® attorney

Maybe you want your spouse to take six months away from work. Maybe you want your children’s care funded without handing them a lump sum before they are ready.

Those are different jobs. The beneficiary decision should reflect them.

I help you connect your policy, trust, backup choices, and other resources with the people you love. We look at who receives the money and how they can use it, working with your insurance and tax professionals where needed.

Your Life & Legacy Plan is not a pile of separate forms. It is a coordinated set of choices about your family’s future.

Our ongoing relationship helps keep those choices aligned when your family changes. Let’s start with what you want the money to make possible.

10/08/2026

𝐒𝐡𝐨𝐮𝐥𝐝 𝐈 𝐍𝐚𝐦𝐞 𝐌𝐲 𝐒𝐩𝐨𝐮𝐬𝐞 𝐨𝐫 𝐌𝐲 𝐓𝐫𝐮𝐬𝐭 𝐚𝐬 𝐌𝐲 𝐋𝐢𝐟𝐞 𝐈𝐧𝐬𝐮𝐫𝐚𝐧𝐜𝐞 𝐁𝐞𝐧𝐞𝐟𝐢𝐜𝐢𝐚𝐫𝐲?

You bought the policy because someone depends on you. That was an act of care, even if it felt like one more form to finish between work, dinner, and everything else.

Now you have a trust, and a question: should your life insurance beneficiary still be your spouse?

When I review this with you, I do not start by crossing out a name. I start with what you want the money to make possible.

Time to grieve without rushing back to work? Support for your children? A home your spouse can afford to keep?

September is Life Insurance Awareness Month. It is a good reminder to look beyond the amount of coverage and ask who would receive it, who would manage it, and what happens next.

Here are the three decisions we will work through:

• Whether your spouse should receive the money directly or through a trust.
• What should happen if your first-choice beneficiary cannot receive it.
• How the beneficiary form connects with your legal plan and your family’s other resources.

𝐘𝐨𝐮𝐫 𝐋𝐢𝐟𝐞 𝐈𝐧𝐬𝐮𝐫𝐚𝐧𝐜𝐞 𝐁𝐞𝐧𝐞𝐟𝐢𝐜𝐢𝐚𝐫𝐲 𝐍𝐞𝐞𝐝𝐬 𝐚 𝐉𝐨𝐛, 𝐍𝐨𝐭 𝐉𝐮𝐬𝐭 𝐚 𝐍𝐚𝐦𝐞

Naming your spouse directly can be a sensible choice. If the claim is payable to your spouse, they generally receive the proceeds in their own name and decide how to use them. They do not have to request distributions from a trustee.

That freedom matters. You might want your spouse to pay bills, take leave from work, or move closer to family without asking anyone’s permission.

But it also creates a practical follow-through question. If you want the proceeds ultimately governed by your trust, your spouse must later transfer money they received individually into the trust. That may be straightforward while they are able, but it requires someone to remember to make the transfer and have the necessary authority if your spouse is incapacitated. If it never happens, the proceeds remain outside the trust and could later pass under your spouse’s own plan or, if no other arrangement controls them, potentially through probate.

But freedom and instructions are different things.

Imagine a $1 million policy intended to support your spouse and eventually help your two children. If your spouse receives the entire benefit outright, a private understanding that “whatever is left goes to the kids” is not the same as an enforceable trust arrangement. Your spouse’s later decisions, estate plan, and circumstances affect what remains and who receives it.

This is not an accusation that your spouse will make bad choices. You are deciding whether the gift is theirs to use freely or whether some purposes need a legal structure.

That distinction deserves special attention in a blended family, where one or both spouses have children from an earlier relationship. You can love your spouse, trust their judgment, and still want a plan that addresses both their support and your children’s inheritance.

I would also ask what your spouse already owns and receives elsewhere. Your policy should not be planned as though it is your family’s only asset.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: Naming your spouse directly gives them control. Choose that deliberately, with a clear understanding of which wishes would remain wishes rather than binding instructions.

𝐀 𝐓𝐫𝐮𝐬𝐭 𝐂𝐚𝐧 𝐒𝐮𝐩𝐩𝐨𝐫𝐭 𝐘𝐨𝐮𝐫 𝐒𝐩𝐨𝐮𝐬𝐞 𝐖𝐢𝐭𝐡𝐨𝐮𝐭 𝐇𝐚𝐧𝐝𝐢𝐧𝐠 𝐎𝐯𝐞𝐫 𝐄𝐯𝐞𝐫𝐲 𝐃𝐞𝐜𝐢𝐬𝐢𝐨𝐧

If you name a properly identified trust as beneficiary, its trustee receives and administers the proceeds under the trust’s terms. Your spouse might still be the person the money supports. The difference is the framework around that support.

For example, your trust could provide for your spouse during their lifetime and direct what remains to your children afterward. Or it could hold funds for younger children, with a trustee paying for their care and education instead of giving them a lump sum at adulthood.

Neither result happens merely because the beneficiary form contains the word “trust.” The document must actually provide for the result you want.

We need to look at practical questions, too:

• Who will serve as trustee, and who steps in if that person cannot serve?
• What access will your spouse have to money for ordinary expenses?
• How much discretion will the trustee have when needs change?
• What administration, recordkeeping, and costs will the arrangement require?

A trust that sounds protective on paper can become frustrating if your spouse cannot readily obtain money for the purposes you intended. Conversely, unrestricted withdrawal rights can undermine protections you thought you were creating.

Creditor protection is not automatic. It depends on the trust’s terms, applicable law, and the beneficiary’s control. State law can also protect insurance proceeds paid directly to a beneficiary, so “direct payment has no protection” is not an accurate shortcut.

The choice is not between loving your spouse and protecting your children. It is about designing an arrangement that reflects both relationships, with tradeoffs you understand.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: A trust is useful when its terms solve a real family need. Naming one without reviewing those terms is not a substitute for planning.

𝐘𝐨𝐮𝐫 𝐁𝐚𝐜𝐤𝐮𝐩 𝐁𝐞𝐧𝐞𝐟𝐢𝐜𝐢𝐚𝐫𝐲 𝐃𝐞𝐬𝐞𝐫𝐯𝐞𝐬 𝐌𝐨𝐫𝐞 𝐓𝐡𝐚𝐧 𝐚 𝐐𝐮𝐢𝐜𝐤 𝐂𝐥𝐢𝐜𝐤

Your primary beneficiary is first in line. A contingent beneficiary is the backup if the primary beneficiary cannot receive the benefit under the policy.

Suppose you name your spouse first and your two young children second. That looks complete, but it leaves another question: who could legally receive and manage the children’s shares?

Insurers generally do not pay proceeds directly to minor children. Depending on state law and the arrangements in place, a court-appointed guardian or another authorized structure may be needed. The NAIC identifies a trust as one option for managing insurance proceeds for children.

Naming another adult instead, with an informal promise to use the money for your children, creates a different problem. That person is the named recipient. A promise over dinner does not create the same duties and safeguards as a properly designed trust.

If your child receives means-tested benefits, we need an additional review before directing money to them. The right planning depends on the benefits involved and the structure receiving the funds.

And your backup choices need updating as life changes. A child turning 18 does not automatically mean a direct lump sum is now the best fit. A trustee you chose ten years ago might no longer be available.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: Review the second name on the form as carefully as the first. Your backup plan needs someone legally able to receive the money and manage it as you intend.

𝐂𝐡𝐚𝐧𝐠𝐢𝐧𝐠 𝐭𝐡𝐞 𝐁𝐞𝐧𝐞𝐟𝐢𝐜𝐢𝐚𝐫𝐲 𝐈𝐬 𝐍𝐨𝐭 𝐭𝐡𝐞 𝐒𝐚𝐦𝐞 𝐚𝐬 𝐂𝐡𝐚𝐧𝐠𝐢𝐧𝐠 𝐭𝐡𝐞 𝐖𝐡𝐨𝐥𝐞 𝐏𝐥𝐚𝐧

Your policy owner and your beneficiary have different roles. The owner holds contractual rights, such as the ability to change a revocable beneficiary designation. The beneficiary receives the death benefit when it becomes payable.

Naming your existing living trust as beneficiary does not, by itself, move the policy outside your taxable estate. Federal estate-tax rules consider ownership rights in the policy, among other factors. A separately designed irrevocable life insurance trust involves different decisions and should not be confused with typing your living trust’s name on a form.

There is another distinction worth keeping straight: income tax and estate tax are not the same. The IRS says death benefits are generally excluded from a beneficiary’s gross income, although exceptions apply and interest paid on proceeds is taxable.

You do not need to master those rules before asking for help. You do need someone to notice which questions apply to you.

Before changing a designation, I review the policy information alongside your trust and work with your insurance and tax professionals as appropriate. We check the exact trust identification, beneficiary percentages, backup choices, and the insurer’s requirements. We also confirm that the intended designation has been accepted rather than assuming a saved draft completed the change.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: A beneficiary update is one part of a coordinated plan, not a stand-alone tax strategy.

𝐓𝐡𝐞 𝐑𝐞𝐥𝐚𝐭𝐢𝐨𝐧𝐬𝐡𝐢𝐩 𝐂𝐨𝐧𝐧𝐞𝐜𝐭𝐬 𝐭𝐡𝐞 𝐅𝐨𝐫𝐦 𝐭𝐨 𝐭𝐡𝐞 𝐅𝐚𝐦𝐢𝐥𝐲

Through an ongoing Personal Family Lawyer® firm relationship, I help you connect the policy with your family’s needs before a claim ever arises. That includes revisiting the choices when you remarry, welcome a child, change trustees, or decide your wealth should serve a different purpose.

It also matters later. When your family needs to administer the plan, an ongoing relationship means they have someone to contact who already understands its legal structure and your intentions. Your insurance professional handles the insurance questions; I help your family understand how the legal pieces fit.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: Your policy provides a resource. An ongoing planning relationship helps keep that resource connected to the people and purposes it was meant to support.

𝐋𝐢𝐟𝐞 & 𝐋𝐞𝐠𝐚𝐜𝐲 𝐏𝐥𝐚𝐧𝐧𝐢𝐧𝐠® 𝐒𝐞𝐬𝐬𝐢𝐨𝐧: 𝐖𝐡𝐚𝐭 𝐘𝐨𝐮 𝐂𝐚𝐧 𝐃𝐨 𝐑𝐢𝐠𝐡𝐭 𝐍𝐨𝐰

Gather your current beneficiary confirmation, policy summary, and trust. Then write down one sentence: “I want this money to make it possible for my family to ______.”

Bring that sentence to our conversation. Do not change your beneficiaries just because a trust sounds more protective or a direct payment sounds easier.

As a Personal Family Lawyer firm, I help you create a Life & Legacy Plan tailored to your people, your resources, and your values. I do not do one-size-fits-all planning. Together, we can decide what belongs outright, what needs a structure, and how your choices fit the rest of your life.

The relationship doesn’t end when the documents are signed. When something happens, your family knows to call me.

Schedule a complimentary 15-minute discovery call.

Warmly,

Matt Wasinger, Attorney and Counselor at Law

This article is a service of Matt Wasinger, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

10/05/2026

Q: I have a trust. Should it receive my life insurance?

A: The word “trust” on a beneficiary form does not tell you how your family would receive support.

Your trust might provide for your spouse during their lifetime and direct what remains to your children. Or its terms might not match the job you have in mind at all.

A Personal Family Lawyer® attorney looks at the actual instructions: who serves as trustee, how your spouse gets money for ordinary expenses, and what happens when needs change. The review also considers the policy and your family’s other resources.

Naming your spouse directly can be appropriate too. The choice depends on the freedom, support, and protections you intend, not a rule that everyone with a trust must name it.

10/02/2026

“Your family should inherit your intentions, not a timing puzzle.”

Matthew T. Wasinger, Personal Family Lawyer® attorney

You know why you want your spouse supported, your children protected, or a particular asset kept in your family. The people administering your plan should be able to understand those intentions too.

I help you connect them to the trust, will, account ownership, and beneficiary forms. If deaths happen close together, your family needs to know which instructions apply and who can help carry them out.

Your Life & Legacy Plan brings those choices into one coordinated picture. Our ongoing relationship helps keep it aligned as your family and assets change.
The relationship doesn’t end when the documents are signed. When something happens, your family knows to call me.

10/01/2026

𝐒𝐩𝐨𝐮𝐬𝐞𝐬 𝐖𝐢𝐭𝐡 𝐚 𝐉𝐨𝐢𝐧𝐭 𝐓𝐫𝐮𝐬𝐭: 𝐖𝐡𝐚𝐭 𝐇𝐚𝐩𝐩𝐞𝐧𝐬 𝐈𝐟 𝐘𝐨𝐮 𝐃𝐢𝐞 𝐃𝐚𝐲𝐬 𝐀𝐩𝐚𝐫𝐭?

You and your spouse planned for one of you to carry on. You named each other as beneficiaries and talked about how the survivor would care for your family.

It is understandable if you never asked what happens when neither of you can.

What happens if spouses die at the same time, or only days apart? When I review your plan, I want you to be able to answer three questions:

• Who inherits first?
• How long must that person survive you?
• Who inherits if they do not?

You may remember the deaths of actor Gene Hackman and his wife, Betsy Arakawa, in 2025. Authorities concluded that she died before he did, with their deaths occurring days apart. Their story is a heartbreaking reminder that spouses do not always have years between their deaths to revisit a plan. (Source: Associated Press)

For your family, that raises a practical question: If you leave everything to each other, what happens when neither of you is there to carry on? Surviving a spouse by a few hours does not always mean inheriting. Your documents, the rules for each asset, and state law determine what happens next.

When I create a Life & Legacy Plan with you, we answer those questions while you can choose the outcome together. I connect the legal instructions with your assets and the people you want to protect.

𝐖𝐡𝐚𝐭 𝐇𝐚𝐩𝐩𝐞𝐧𝐬 𝐈𝐟 𝐒𝐩𝐨𝐮𝐬𝐞𝐬 𝐃𝐢𝐞 𝐚𝐭 𝐭𝐡𝐞 𝐒𝐚𝐦𝐞 𝐓𝐢𝐦𝐞? 𝐘𝐨𝐮𝐫 𝐏𝐥𝐚𝐧 𝐚𝐧𝐝 𝐒𝐭𝐚𝐭𝐞 𝐋𝐚𝐰 𝐃𝐞𝐜𝐢𝐝𝐞

If you leave most of your assets to your spouse, you probably picture them using the money for years. But suppose your spouse dies just two days after you. Who receives that property next?

Imagine your will leaves property to your spouse, whose will leaves their estate to children from a prior marriage. For property passing under your will, the question is whether your spouse lived long enough to meet the required survival period. If so, that property may pass into their estate and then to their children. If not, your documents and state law determine who receives it instead.

Probate is the court-supervised process for administering an estate. Property that goes through probate at both deaths may need to be administered twice. But two deaths do not automatically mean two probates: assets held in trust or passing directly to a named beneficiary follow their own rules.

In a blended family, where one or both spouses have children from a previous relationship, you may want to support your spouse while preserving your children’s inheritance. Your plan needs to address both wishes, including what happens if you die days apart.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: When two deaths happen close together, a difference of hours can change which document controls and who ultimately inherits.

𝐖𝐡𝐚𝐭 𝐚 𝐒𝐮𝐫𝐯𝐢𝐯𝐨𝐫𝐬𝐡𝐢𝐩 𝐂𝐥𝐚𝐮𝐬𝐞 𝐀𝐜𝐭𝐮𝐚𝐥𝐥𝐲 𝐃𝐨𝐞𝐬

A survivorship clause says how long someone must live after you to receive an inheritance. Your plan might require your spouse to survive you by 30 days, for example. The right period depends on your goals, the rest of your plan, and state law.

If the person does not survive for that period, the clause treats them as having died before you for that inheritance. The plan’s backup instructions, together with applicable law, determine who receives those assets instead.

In our two-day example, a valid 30-day requirement would keep the inheritance governed by that clause from passing to the spouse. Naming the backup recipients matters just as much as choosing the number of days.

But a clause in your will does not automatically change your life insurance, retirement account, or property deed. Each asset needs to be checked against the instructions and rules that apply to it.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: A survivorship clause can prevent an unnecessary second transfer, but it must work with the assets it is meant to govern.

𝐓𝐡𝐞 𝟏𝟐𝟎-𝐇𝐨𝐮𝐫 𝐑𝐮𝐥𝐞 𝐈𝐬 𝐚 𝐃𝐞𝐟𝐚𝐮𝐥𝐭, 𝐍𝐨𝐭 𝐘𝐨𝐮𝐫 𝐅𝐚𝐦𝐢𝐥𝐲’𝐬 𝐏𝐥𝐚𝐧

What if your documents do not spell out a survival period? State law may supply one. The Uniform Simultaneous Death Act uses 120 hours, or five days, as a default. In states following that approach, someone generally must survive you by that period to inherit, unless the governing document or applicable law provides otherwise.

That means living two days longer may not be enough. But the five-day rule does not apply everywhere or in every situation, and your documents may set a different period.

A default rule cannot know whether you want property kept in one side of the family, whether a beneficiary has special needs, or how you want to provide for children from a previous relationship.

That is why I ask about your family before recommending the wording. A longer survival period is not automatically better. The instructions need to fit your wishes and the law that applies.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: State law can supply a backup rule. It cannot choose the outcome that reflects your family’s values.

𝐀 𝐉𝐨𝐢𝐧𝐭 𝐓𝐫𝐮𝐬𝐭 𝐃𝐨𝐞𝐬 𝐍𝐨𝐭 𝐌𝐚𝐤𝐞 𝐭𝐡𝐞 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧 𝐃𝐢𝐬𝐚𝐩𝐩𝐞𝐚𝐫

Couples with a joint revocable trust sometimes assume the trust answers every close-in-time death question automatically.

It may not.

The trust still needs to explain what happens at the first death, what changes if the surviving spouse dies during the stated survival period, and how the remaining assets divide after both spouses are gone. Separate property, retirement accounts, insurance proceeds, and assets never transferred into the trust can raise additional questions.

For a blended family, the plan needs to support your spouse and preserve what you intend for your children. That may mean setting aside separate shares, keeping some assets in trust after your death, or giving different instructions for particular property.

There is no one-size-fits-all clause I can paste into every couple’s plan. The language has to match the ownership of your assets, your family relationships, your tax picture, and what you want to happen next.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: A joint trust is a tool. It works only when its instructions match your assets and the family outcome you intend.

𝐁𝐞𝐧𝐞𝐟𝐢𝐜𝐢𝐚𝐫𝐲 𝐅𝐨𝐫𝐦𝐬 𝐍𝐞𝐞𝐝 𝐭𝐡𝐞 𝐒𝐚𝐦𝐞 𝐀𝐧𝐬𝐰𝐞𝐫

Your will and trust are not the only instructions that matter. Life insurance, retirement accounts, and certain bank or investment accounts generally pass to the recipients named on their beneficiary forms. Those forms need to work with your broader plan.

Consider a life insurance policy naming your spouse first and an adult child as the backup. If your spouse dies shortly after you, who receives the benefit? The policy, beneficiary form, and state law determine the answer, not simply what your will says.

During a planning review, I compare those forms with the trust, will, asset ownership, family structure, and the roles each person is meant to play. I also coordinate with your financial, insurance, and tax professionals when their expertise is needed.

That is what it means to hold the whole picture. Your family does not experience the trust, retirement account, insurance policy, and house as separate planning projects. When something happens, all of them arrive at once.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: Your survivorship instructions are only as strong as the coordination among your legal documents, asset titles, and beneficiary forms.

𝐘𝐨𝐮𝐫 𝐅𝐚𝐦𝐢𝐥𝐲 𝐍𝐞𝐞𝐝𝐬 𝐚𝐧 𝐀𝐧𝐬𝐰𝐞𝐫 𝐁𝐞𝐟𝐨𝐫𝐞 𝐭𝐡𝐞 𝐄𝐦𝐞𝐫𝐠𝐞𝐧𝐜𝐲

When deaths happen close together, your family will not have the time or emotional capacity to reconstruct what you meant.

Because you have an ongoing Personal Family Lawyer® relationship, your family has someone who already knows your plan, your people, and what your wealth was meant to do. I can help them identify which assets are involved, which instructions control, and which other advisors need to be brought in.

That relationship begins before the crisis. We clarify the plan, keep it aligned as your family and assets change, and make sure the people you love know who to call.

Together, we answer four questions:

• If we die hours or days apart, whose beneficiaries receive the assets?
• Would any property pass through two estates or probate proceedings?
• Do our trust, will, asset titles, and beneficiary forms give the same answer?
• Does that answer still fit our family today?

It also matters in the moment. While your family gathers for the funeral, I can help the person administering your plan identify the documents and advisors needed for the next decisions.

𝐓𝐡𝐞 𝐛𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: Clear documents answer the legal question. An ongoing relationship helps your family carry out the answer when it matters.

𝐋𝐢𝐟𝐞 & 𝐋𝐞𝐠𝐚𝐜𝐲 𝐏𝐥𝐚𝐧𝐧𝐢𝐧𝐠® 𝐒𝐞𝐬𝐬𝐢𝐨𝐧: 𝐖𝐡𝐚𝐭 𝐘𝐨𝐮 𝐂𝐚𝐧 𝐃𝐨 𝐑𝐢𝐠𝐡𝐭 𝐍𝐨𝐰

Look for “survive” or “survivorship” in your documents and note the survival period for our review. Do not change a beneficiary form or copy a survivorship clause from the internet based on this article. State law and document language matter, and the right answer depends on your family. As your Personal Family Lawyer firm, I don’t use one-size-fits-all planning. Your Life & Legacy Plan should reflect your family, assets, and values.

The relationship doesn’t end when the documents are signed. When something happens, your family knows to call me.

Schedule a complimentary 15-minute discovery call to review how your plan handles deaths close together.

Warmly,

Matt Wasinger, Attorney and Counselor at Law

This article is a service of Matt Wasinger, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

Wasinger Law Office, PLLC

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