Can I Start an Estate Plan Before Marrying? What You Need to Know

Short Answer: Yes, you can—and should—start an estate plan before getting married. Doing so allows you to protect your assets, name decision-makers in case of incapacity, and ensure your wishes are followed no matter what the future holds. It’s especially important if you own property, have children, or want to avoid legal complications down the road.

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Why Estate Planning Before Marriage Makes Sense

Many people wait until after the wedding to begin estate planning, but planning ahead offers important benefits—especially in second marriages, blended families, or when one spouse brings significantly more assets into the relationship.

Here’s why starting early is smart:

1. You Control What Happens to Your Assets

If you die or become incapacitated without a plan, California law—not your preferences—determines who inherits your assets and who has legal authority. By planning ahead:

• You choose your beneficiaries

• You avoid default inheritance laws that may not reflect your wishes

• You can designate individuals other than your future spouse for key roles

2. You Protect Separate Property

Assets you own before marriage are considered separate property under California law. But:

• Commingling funds can blur the lines

• A premarital estate plan can clearly document what you own and your intent to keep it separate

• You can use a trust to preserve these assets for children from a prior relationship or other heirs

3. You Can Create a Trust to Protect Heirs or Charities

A revocable living trust allows you to:

• Maintain control over your assets during your lifetime

• Avoid probate at death

• Support children, aging parents, or charitable causes regardless of your future marital status

Key Estate Planning Documents to Consider Before Marriage

• Revocable Living Trust – Avoids probate and controls asset distribution

• Will – Names beneficiaries and a guardian for minor children

• Power of Attorney – Names someone to handle finances if you’re incapacitated

• Advance Health Care Directive – Names a healthcare agent and outlines medical preferences

• HIPAA Authorization – Allows access to medical information

• Schedule of Separate Property – Documents ownership of pre-marriage assets

Special Considerations for Second Marriages and Blended Families

Starting an estate plan before remarriage helps:

• Preserve assets for your children from a prior relationship

• Avoid unintended disinheritance

• Reduce the risk of future disputes

A premarital trust or postnuptial agreement can help clarify expectations and protect everyone’s interests.

What If We Plan to Create a Joint Estate Plan Later?

That’s fine—but starting with your own plan ensures:

• You’re protected right now

• You preserve records of separate property

• You have time to think through your estate goals without pressure

Once you’re married, you can always update your plan to include your spouse or revise beneficiary designations.

Let Moravec, Varga & Mooney Help You Plan Ahead

Whether you're getting married for the first time or entering into a second marriage with significant assets or children, early estate planning is one of the most important steps you can take.

Contact us today to start your estate plan before marriage and build a solid foundation for your future together.