Sandy Springs Estate Planning for Newly Married Couples

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Getting married is one of the biggest milestones in life, and the Sandy Springs area makes it even more meaningful. From weekend mornings at Abernathy Greenway Park to evening dinners along Roswell Road, couples here are building real lives together. But while you’re settling into your new home and planning your future, there’s one thing that too many newlyweds put off: estate planning. At Slowik Estate Planning, located in Atlanta, Georgia, we help newly married couples in Sandy Springs and the surrounding metro area build plans that protect each other from day one. This page explains what Georgia law says about your rights as a married couple, what documents you need, and why waiting is a risk you don’t want to take.

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What Georgia Law Says When You Have No Estate Plan

Many newlyweds assume that getting married automatically means their spouse inherits everything. In Georgia, that’s not always true. Under O.C.G.A. § 53-2-1, Georgia’s intestate succession law, what your spouse actually receives depends on whether you have children. If you die without a will and you are survived by a spouse and children, your spouse shares equally with your children, but the spouse’s portion cannot be less than a one-third share. That means if you and your new spouse have children from a prior relationship, your spouse could end up with only one-third of your estate, while the rest goes to those children.

Think about what that looks like in practice. Say you own a condo near Perimeter Center worth $450,000 and you die without a will. Your spouse could receive just $150,000, and your children from a previous relationship would split the rest. That may not be what you want at all. A will changes everything. Under O.C.G.A. Title 53, Chapter 4, you can direct your assets exactly where you want them to go. Without one, Georgia’s default rules decide for you, and those rules were not written with your specific situation in mind.

There’s also the issue of pre-existing wills. Under O.C.G.A. § 53-4-48, if you wrote a will before your marriage and it doesn’t account for your new spouse, your spouse may still be entitled to receive the share they would have gotten under intestacy law. That can create unintended results. Updating your will right after your wedding is not optional if you want your plan to work the way you intend. Reach out to Slowik Estate Planning in Atlanta, Georgia to get started with a plan that reflects your new life together.

The Core Documents Every Newly Married Couple Needs

A complete estate plan for newly married couples in Sandy Springs goes beyond just a will. There are four foundational documents that every couple should have in place, and each one serves a different purpose. Working with an Atlanta estate planning lawyer at Slowik Estate Planning means you get all four drafted correctly and tailored to your situation.

The first is a Last Will and Testament. This document names who receives your property, who serves as executor of your estate, and, if you have children, who becomes their guardian. The second is a Durable Power of Attorney. This gives your spouse (or another trusted person) the legal authority to manage your finances if you become incapacitated. Without one, your spouse may have to go to court just to pay your bills or manage your accounts. The third is a Georgia Advance Directive for Healthcare. This document covers two things: it names a healthcare agent to make medical decisions for you, and it states your wishes for end-of-life care. The fourth is a revocable living trust, which is not always necessary but is worth discussing if you own real property, have significant assets, or want to avoid probate for your surviving spouse.

Beneficiary designations are just as important as these documents. Your life insurance policy, 401(k), IRA, and bank accounts with payable-on-death designations all pass outside of your will. Many assets bypass wills entirely, including life insurance, retirement accounts, pensions, payable-on-death accounts, and transfer-on-death accounts. If you named a parent or an ex-partner as your beneficiary before you got married, your spouse may receive nothing from those accounts no matter what your will says. Review every beneficiary designation right after your wedding.

Protecting Each Other With Trusts and Joint Planning

A revocable living trust is one of the most useful tools for newly married couples in Sandy Springs. It holds your assets during your lifetime, transfers them to your spouse or other beneficiaries at death without going through probate, and gives you flexibility to change things as your life evolves. Working with a qualified trust attorney at Slowik Estate Planning means your trust is properly funded and legally sound from the start.

One of the biggest concerns for new couples is what happens if both spouses die at the same time, for example in a car accident on GA-400 or I-285. Under O.C.G.A. Title 53, Chapter 10, Georgia’s Simultaneous Death Act addresses exactly this situation. When two people die at the same time and it’s impossible to determine who died first, the law treats each person as having predeceased the other for purposes of distributing their property. Without a plan that accounts for this, your assets could end up with people you never intended. A well-drafted trust or will includes survivorship language and contingent beneficiary designations to handle this scenario.

Couples who bring separate property into a marriage, such as a home purchased before the wedding or an investment account, may also want to think carefully about how that property is titled and who benefits from it. Georgia is not a community property state, so assets you owned before marriage generally remain yours. But once you start mixing finances, things can get complicated quickly. A revocable living trust lets you keep those lines clear while still providing for your spouse. It also makes trust administration much smoother for your surviving spouse, sparing them the cost and delay of probate court in Fulton County.

Estate Tax Considerations for Newly Married Couples in Georgia

Georgia does not impose a state estate tax or inheritance tax, so the focus for most Sandy Springs couples is on federal rules. Georgia does not levy its own estate or inheritance tax, and the federal basic exclusion amount for 2025 is $13.99 million per person, with a timely portability election allowing a surviving spouse to use any unused exclusion. For most newly married couples, the federal estate tax is not an immediate concern, but that doesn’t mean tax planning is irrelevant.

The portability election is one of the most powerful tools available to married couples. When the first spouse dies, any unused portion of their federal estate tax exemption can transfer to the surviving spouse, effectively doubling the amount that can pass free of federal estate tax. But this doesn’t happen automatically. The executor must file a federal estate tax return (IRS Form 706) to claim it, even if no tax is owed. Missing this election can cost your family millions in future tax exposure.

For couples with higher net worth, credit shelter trusts (also called bypass trusts) are worth discussing. Credit shelter trusts, also known as bypass or family trusts, are a popular method of maximizing federal estate tax exemptions for married couples. When one spouse passes away, a portion of their assets is placed into a trust that passes to beneficiaries at the death of the surviving spouse, and the assets in the trust are sheltered from estate taxes at that point. Consulting with an estate tax planning lawyer at Slowik Estate Planning can help you determine whether a credit shelter trust makes sense for your situation, especially as federal tax law continues to shift in 2026 and beyond.

Antenuptial Agreements and Protecting Pre-Marital Assets

If you or your spouse brought significant assets into the marriage, an antenuptial agreement (also called a prenuptial agreement) is worth considering as part of your estate plan. Under O.C.G.A. Title 19, Chapter 3, Article 3, Georgia law specifically recognizes marriage contracts and antenuptial agreements. These agreements allow couples to define property rights before the marriage begins, which can protect family businesses, inherited assets, real estate, or investment accounts that either spouse owned before the wedding.

Some couples feel uncomfortable talking about prenuptial agreements, viewing them as a sign of distrust. But think of it this way: a prenuptial agreement is a planning tool, not a prediction of failure. It simply defines what belongs to whom, which can actually reduce conflict later, especially if the marriage ends or if one spouse dies with children from a prior relationship. It also makes the overall estate plan cleaner and easier to administer.

Even if you’re already married, Georgia law under O.C.G.A. §§ 19-3-60 through 19-3-68 recognizes postnuptial settlements as well. These agreements can be used to clarify property rights and support obligations between spouses who are already married. Whether you’re newly engaged, just married, or a few years in, it’s never too late to put a formal property agreement in place. Slowik Estate Planning works with couples across the Sandy Springs and greater Atlanta area to make sure these agreements are valid, fair, and properly integrated into a broader estate plan. Contact us today to schedule a consultation.

FAQs About Sandy Springs Estate Planning for Newly Married Couples

Does getting married in Georgia automatically update my existing will?

No, marriage does not automatically revoke a will you made before the wedding. Under O.C.G.A. § 53-4-48, if your pre-marriage will does not account for your new spouse, your spouse may still be entitled to an intestate share of your estate, which could create unintended results. You should update your will as soon as possible after getting married to make sure your plan reflects your current wishes.

What happens if my spouse and I both die at the same time in Georgia?

Georgia’s Simultaneous Death Act, found in O.C.G.A. Title 53, Chapter 10, addresses this situation. When it cannot be determined who died first, each spouse is treated as having predeceased the other for purposes of distributing their property. This makes it essential to name contingent beneficiaries and include survivorship language in your wills and trusts so your assets go to the right people.

Does my spouse automatically inherit my retirement accounts and life insurance in Georgia?

Not necessarily. Retirement accounts like IRAs and 401(k)s, as well as life insurance policies, pass directly to whoever is named as the beneficiary on the account or policy, regardless of what your will says. If you named a parent, sibling, or former partner as your beneficiary before your marriage, they could receive those funds instead of your spouse. Review and update all beneficiary designations right after your wedding.

Do we need a trust if we’re a newly married couple in Sandy Springs?

Not every couple needs a trust, but many benefit from one. A revocable living trust is especially useful if you own real property, want to avoid probate in Fulton County, have children from a prior relationship, or want to provide clear instructions for how your assets are managed if you become incapacitated. A trust also makes things significantly easier for your surviving spouse. Slowik Estate Planning can help you decide whether a trust fits your situation.

What is a Georgia Advance Directive for Healthcare, and why does a newlywed need one?

A Georgia Advance Directive for Healthcare is a legal document that names someone to make medical decisions for you if you cannot make them yourself, and it states your wishes for end-of-life care. Without one, even your spouse may face legal hurdles in making medical decisions on your behalf, particularly in a hospital or emergency setting. Having this document in place from the start of your marriage protects both of you and ensures your healthcare wishes are followed.

Slowik Estate Planning is located in Atlanta, Georgia, and serves clients throughout Sandy Springs and the greater metro Atlanta area. This page is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Please contact our office directly to discuss your specific legal needs.

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