Estate planning is an essential tool for everyone, but it takes on particular importance for unmarried cohabitating couples. Unlike married couples, who enjoy automatic legal protections and rights under state law, unmarried partners often lack the same security. In California, without proper estate planning, the surviving partner may be left without legal rights to the deceased partner’s property or decision-making authority. This post explores why estate planning is critical for unmarried cohabitating couples and how they can safeguard each other’s interests.
No Automatic Inheritance Rights
One of the most significant legal distinctions between married and unmarried couples is the lack of automatic inheritance rights. When a married person dies without a will, their surviving spouse typically inherits a portion or all of the deceased’s estate under California’s intestate succession laws. However, unmarried partners are not recognized under these laws, meaning that if one partner passes away without a will, the surviving partner may receive nothing. The estate could instead go to distant relatives or even to the state.
Solution: A comprehensive estate plan allows unmarried couples to clearly state their wishes and designate their partner as a beneficiary of their estate, ensuring that their property goes to the person they want to receive it.
No Legal Decision-Making Powers
Without an estate plan, unmarried partners may also face obstacles in making critical decisions during a medical emergency. In the eyes of the law, unmarried partners have no automatic right to make healthcare decisions on behalf of each other, and hospitals or courts may turn to a family member instead. This can be problematic if the family disagrees with the partner or if the family is not closely involved in the person’s life.
Solution: By drafting documents like an advance healthcare directive or a durable power of attorney, unmarried couples can give each other the legal authority to make medical and financial decisions on their behalf if they become incapacitated.
Protecting Shared Property
For many unmarried couples, cohabitating often means sharing property, whether it be a home, cars, or financial accounts. However, if one partner passes away without a clear estate plan, disputes could arise over the ownership of these assets, especially if they are in one partner’s name only. The surviving partner could face legal challenges from the deceased partner’s family members, potentially leading to costly litigation.
Solution: Couples should consider establishing a living trust or explicitly outlining the ownership of assets in a will. Trusts are particularly useful because they bypass probate, provide clear instructions for asset distribution, and offer privacy for the couple’s financial matters.
Ensuring Support for Children and Dependents
If an unmarried couple has children, estate planning becomes even more critical. Without a plan, there’s no guarantee that the surviving partner will gain custody of the children or access to financial resources to care for them. In some cases, children from a previous relationship might inadvertently be left out of the estate if planning documents are not carefully crafted.
Solution: Estate planning allows parents to designate guardians for their children and ensure that resources are set aside for their care. Unmarried couples can use tools such as special needs trusts, custodial accounts, and wills to provide for dependents, ensuring that their financial and caregiving needs are met.
Avoiding Probate Delays and Disputes
In California, probate can be a lengthy and expensive process, especially if there is no will in place. For unmarried couples, the risk of disputes between family members and surviving partners is higher. Disagreements can lead to delays and additional legal costs, which can deplete the estate’s value and create financial strain for the surviving partner.
Solution: By creating a living trust, unmarried couples can bypass the probate process entirely, allowing assets to be transferred more efficiently and with fewer legal challenges. Additionally, a clearly written will can help avoid disputes and reduce the likelihood of litigation among surviving family members.
Key Takeaways for Unmarried Couples
For unmarried couples in California, estate planning is not just a good idea—it’s a necessity. Without a plan, your partner may have no legal claim to your assets, no voice in your healthcare decisions, and no ability to protect shared property. The good news is that with proper estate planning, you can ensure your partner is taken care of, your wishes are respected, and your assets are distributed according to your desires.
Essential Estate Planning Documents for Unmarried Couples:
• Wills: To designate who will inherit your property.
• Living Trusts: To avoid probate and ensure the seamless transfer of assets.
• Advance Healthcare Directives: To grant your partner the authority to make healthcare decisions.
• Durable Power of Attorney: To allow your partner to manage your finances if you become incapacitated.
• Beneficiary Designations: For accounts like life insurance and retirement plans, make sure your partner is listed as a beneficiary.
By working with an experienced California estate planning attorney, unmarried couples can create a customized estate plan that addresses their unique needs and ensures peace of mind for the future.
This post addresses the critical estate planning needs of unmarried cohabitating couples and highlights important legal tools like wills, living trusts, and healthcare directives that can protect each partner’s interests. For more information on estate planning, visit the California Probate Court or consult with a legal expert who can guide you through the process of creating a solid estate plan tailored to your specific circumstances.
Contact Us for Legal Help
If you need help with estate planning, the probate process or resolving an inheritance dispute, contact the top-rated California probate attorneys Moravec, Varga & Mooney – today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.
Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.
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