Estate planning can be challenging for married couples, especially when they have drastically different needs and priorities. In some circumstances, each partner could consult the same attorney without any conflict of interest. However, complex cases may require alternate arrangements. When spouses need separate estate planning attorneys

Estate Planning for Married Couples

If a married couple has shared finances and similar ambitions, they can usually see the same estate planning attorney without issue. Seeing the same professional can help ensure that a couple’s estate plan works for both people. However, having separate estate planning attorneys can be beneficial for certain couples under certain circumstances.  

When to Consider Seeing Separate Lawyers

  • You are considering a prenuptial or postnuptial agreement
  • You have children from different marriages
  • You own separate non-marital or non-community properties
  • You disagree on important estate planning decisions such as child guardianship or the naming of an executor or trustee

The Benefits of Having Two Different Attorneys

Seeing another attorney could be useful if you have vastly different views on estate planning or need to divulge information that you cannot share with your partner, for personal, professional, or legal reasons. If this information is essential to the estate planning process, it should be discussed with a separate estate planning professional.

The Benefits of Retaining Two Attorneys

  • Each spouse can be confident that any information shared with your attorney will not get back to the other spouse
  • You and your spouse can ask questions that might otherwise seem uncomfortable
  • You and your spouse receive entirely privileged and confidential advice

If you and your spouse have the same attorney, you may forfeit or risk these advantages. 


Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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