Estate Planning for Women: Married, Single, Divorced or Widowed

Women's financial lives are something of a paradox: They live five more years on average than men and so need their money to last, but generally earn less. That's why estate planning for women is crucial, helping secure their retirement and protect their property and health in case they are disabled.

Women also tend to pull back from work during their peak earning years in order to take care of children or parents. When women become caregivers, they are 2.5 times more likely to end up in poverty and five times more likely to depend on Social Security, even as their average Social Security check is lower than that of their male peers.

Estate planning for women — now more than ever

A generational shift is coming: $30 trillion is expected to pass to women by the end of the decade. As a result, women of all ages will eventually need to shoulder great financial responsibility. They must organize their affairs to fund their longer lives, set up a way to pay for long-term care, and direct the distribution of their assets in a way that they desire — whether they are married, widowed, divorced, single, or in blended families where there are kids from prior marriages.

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"We have a set of unique factors that we need to plan for," said Lorna Kapusta, head of women and engagement at Fidelity Investments. "Because of that, it becomes even more important for us to have that financial plan, retirement plan, estate plan — and get that in order."

Since women outlive men on average, they face 18% to 20% higher health care costs, Kapusta said, but a common scenario is the husband gets ill, and his medical expenses eat into their savings, leaving her with less money.

The good news is that women are more empowered than ever to take charge of their finances and retirement, said Liz Windisch, a financial planner at Maia Wealth who mostly serves single women clients. "Women want to learn and understand their investments more than they have in the past." They are more engaged and proactive, especially if they are the main decision-makers, she said.

That means women are not "sitting there quietly" anymore as their spouses make retirement and estate planning decisions, said Daphne Jordan, senior wealth adviser at Pioneer Wealth Management in Austin, Texas, who has also served as chair of the National Association of Personal Financial Advisors (NAPFA), a group whose members charge fees instead of earning product commissions.

Don't put it off

Many people tend to delay estate planning until they are within striking distance of retirement. But that is a mistake because anything can happen at any age, said Catherine Arnet-Valega, a wealth consultant at Green Bee Advisory in Winchester, Massachusetts., which serves only female clients.

"What happens if you’re out hiking in Colorado and break your neck or fall into a coma for six months? Who’s going to pay the mortgage? Who’s going to keep the utilities on? … (Or make) the medical decisions?" Arnet-Valega said. "And should you pre-decease (your heirs), what do you want to happen to those funds? An estate plan ensures that your decisions are respected."

Passing away without an estate plan will put a court in charge of distributing your assets and paying your debts and taxes. This process, known as probate, can be lengthy and costly. Some might argue and say, "I’m a teacher. I’m only making $65,000 a year," and don’t need a plan, said Matthew Harrison, founding member of Harrison Law in Gilbert, Arizona. But you could still trigger probate if your assets include a home, he added.

How to get started

Harrison said these are the basic legal documents everyone needs in an estate plan, which can be customized to meet women’s unique situations:

• General power of attorney: Grants broad authority to someone you designate to make financial and legal decisions on your behalf. A sound power of attorney helps protect your interests when you cannot do so.
• Medical power of attorney: Grants someone the power to make medical decisions for you if you are ill, injured or incapacitated.
• Living will: Sometimes called an advance directive, outlines your wishes, typically for end-of-life care and other medical preferences. Unlike a medical power of attorney, in which your designated person can make decisions on your behalf, a living will only carries out your predetermined wishes.
• Will or last will and testament: A will specifies how a person’s assets and property should be distributed after death. But don't go overboard; there are a few things you should leave out of your will.
• Trust: A legal entity that can house your assets, including bank and investment accounts, real estate, business interests, personal property, insurance policies, and others. A trustee you designate oversees it and manages the assets according to your wishes for your beneficiaries. It can be a revocable or irrevocable trust.
• Other documents: You might consider adding a digital executor or clause for how the estate should handle your digital assets, a letter of instruction and related documents.

To the list, Jordan adds the HIPAA Authorization or Release Form, which gives your doctors and other health care providers permission to disclose your health information to others.

Expect to pay several thousand to execute an estate plan, but consider that hiring attorneys for probate typically costs a lot more, Harrison said. However, you can save on estate planning costs. Do the research to see if it's better to choose an attorney who charges a flat fee or by the hour.

Strategies for different life stages

As women live longer, it is even more critical for them to be part of the conversation when developing an estate plan, said Lauren Wybar, a senior wealth adviser at Vanguard. Don’t be afraid to educate yourself about money, such as by reading or listening to podcasts, she said.

Consider joining financial clubs for women. Major brokerages provide education, events and online communities to help women with financial and retirement planning, such as Fidelity's "Women Talk Money" and BMO's "Women & Wealth" programs.

Build your team. Assemble a bench of financial and legal experts you feel comfortable with, including a financial adviser, an attorney, an accountant and a banker.

According to financial advisers, here are specific questions to ask as you plan your estate based on whether you are married, widowed or divorced/single.

For married women

• Are you and your spouse aligned on your wishes?
• Are you your spouse's power of attorney?
• Do you know what the estate plan entails?
• Do you agree on who the designated executor is? Beneficiaries?
• Who should be the guardian of your kids?
• If you have a business, who will take care of it after you pass?

For widows

• Is your deceased spouse still the executor?
• Do you like the backup executor?
• Do you still agree with the estate plan and who gets what?
• Did you update your beneficiaries?

For single or divorced women

• Is your ex-spouse still listed as your beneficiary? If your spouse has remarried, your assets could potentially flow over to his new wife and their kids unless you update your plan.
• If you don’t have children, have you designated your beneficiaries such as a charity?

Make a plan

Start getting your affairs in order with proper estate planning, or update your current plan if your life circumstances have changed. Make sure it goes hand in hand with a sound financial plan that puts you on track to retire well. Afterward, sit back and relax. "Make a plan, trust the plan, and stick to it," Windisch said.

Read More

• Is Your Will 'Fair'? Estate Planning Is About More Than Money
• How to Save Money on Estate Planning
• Revocable vs Irrevocable Trusts: It Comes Down to Control vs Protection
• Thirteen Smart Estate Planning Moves