The death of a spouse is one of life’s most difficult moments—emotionally overwhelming and often filled with practical decisions that demand attention. In the midst of grief, revisiting your estate plan may not feel urgent, but it’s one of the most important steps to help protect your future, honor your spouse’s memory, and ensure your legal affairs are aligned with your new circumstances.
Connecticut residents navigating this process should understand what needs to be reviewed, what must be updated, and how to approach the transition thoughtfully and thoroughly.
- Health Care Instructions and Designations
Many couples name each other as health care representatives through an Advance Health Care Directive, sometimes called a living will or health care proxy. If your spouse was listed as your agent and no alternate was named, it’s critical to update this document.
In Connecticut, this document allows you to name someone who can make medical decisions on your behalf if you become incapacitated. Choosing a new agent—often an adult child, sibling, or trusted friend—ensures that someone is legally authorized to honor your medical preferences.
- Durable Financial Power of Attorney
Similarly, your Durable Power of Attorney authorizes someone to act on your behalf in financial and legal matters if you are unable to do so. If your spouse was your appointed agent, it’s essential to name a new trusted individual who can assist you with managing accounts, paying bills, and signing legal documents if needed.
Failing to update this document may leave a gap in authority that could delay or complicate urgent decisions in the future.
- Beneficiary Designations and Account Titles
Not all assets pass through a will or trust. Many assets—such as retirement accounts, life insurance policies, and payable-on-death bank accounts—transfer directly to named beneficiaries. After the death of a spouse, it’s important to review each of these designations and make any necessary changes
Likewise, assets that were jointly titled—such as bank accounts or real estate—may now be solely in your name. Ensure that titles reflect your current ownership and intentions, especially if you wish to transfer them in the future or avoid probate.
- Your Will and Any Existing Trusts
Whether you and your spouse had mirror wills or created a revocable living trust, these documents should be revisited. Connecticut law provides flexibility to update your documents at any time, and after a significant life event like the death of a spouse, a review is not only wise—it’s necessary.
Some areas to consider include:
- Appointing a new executor or successor trustee
- Revising distributions that previously included your spouse
- Ensuring guardianship appointments for minor children remain appropriate
- Confirming charitable gifts, family provisions, or other legacy plans still reflect your current goals
- Estate Administration and Tax Matters
If your spouse passed away with a taxable estate, you may be involved in administering their estate or trust. In Connecticut, a Connecticut Estate Tax Return (Form CT-706) is required for all decedents—even those with estates below the exemption threshold. As of 2024, Connecticut’s estate tax exemption is $13.61 million but is expected to drop in the coming years.
Working with legal counsel during this time ensures timely filing, proper estate administration, and preservation of any available tax benefits, including portability of the deceased spouse’s unused federal estate tax exemption (DSUE).
The Importance of Timely Action
It can be tempting to delay estate planning decisions after a loss, but time-sensitive elements—like beneficiary updates, tax filings, and property title changes—make it critical to begin the process sooner rather than later.
You’re not alone in navigating these decisions. The right legal guidance can help you move forward confidently and without unnecessary stress.
Let Us Help You Plan Ahead
At the Law Offices of Charles L. Kurmay, we understand how deeply personal estate planning becomes after the loss of a spouse. We provide compassionate, thorough legal counsel to help you revise your estate plan in accordance with Connecticut law and your evolving needs.
Whether you need to update key documents, administer your spouse’s estate, or simply start the conversation, we’re here to guide you.
📞 Call us today at (203) 380-1743 to schedule a confidential consultation.
