What Happens When Unmarried Couples Don’t Have Wills? And more you can do.
“Two very dear friends of ours have lived together, unmarried, for more than 20 years. He owns the house. Both were married before and have grown children and grandchildren.”
There can be serious problems when people live together without the benefit of marriage and estate plan. Mostly, the estate plan. One is that they don’t have any legal right to make medical decisions for each other. Another is that without any will or estate plan in place, the surviving spouse has no legal right to any of the decedent’s property. That’s just for starters, explains the article “Longtime unmarried couple hasn’t planned for future”
from the Santa Cruz Sentinel.
The couple may be pleased with their decision to live on their own terms. However, by failing to plan for the inevitable, they are creating an unnecessary difficulty for their loved ones. The children and grandchildren of the couple are likely going to end up having to sort out the mess, after one of the couple dies. They may end up in court, battling over the house or other assets.
If the couple wants their property to end up in the hands of their children when they pass away, having no estate plan is not the way to make that happen. When one spouse dies, any assets they own in joint tenancy will go to the surviving partner. When the surviving partner passes, those assets will go to their children, and nothing will be passed to the other family.
The surviving partner will have no legal right to the assets of the deceased partner, other than any that have been titled to joint tenancy. There is no community property between cohabitating couples, unless they have registered as domestic partners. Let's talk more about that in a moment. This is how the law works in California, and every state has its own rules. Assets owned by the deceased partner that are titled in his or her name only, belong to the decedent’s probate estate and will pass to their children. If the gentleman dies first, in this example, will his companion be left homeless?
This is a situation that can be easily remedied with an estate plan, creating wills and trusts that clearly spell out how they want their assets to be distributed upon death. There are many different ways to make this happen, but they will need to work with an estate planning attorney. Where the surviving non-homeowner will live after the homeowner dies is a serious issue, unless other plans have been made. One way to do this is to leave a life estate in the home in his will, or by creating a trust that holds the home for her use. When she dies, the home can then pass to his children. In that case, a series of agreements about how the home will be maintained may need to be created.
More about registries. If marriage does not suit you, please go to your local court or registrar and look into the domestic partner registry process. This registry may provide you with some basic rights of access to your partner and confirms your intentions. Consider the benefits when emergency strikes, some packages include a registry card for your wallet to quickly prove your relationship at the emergency room and more. Consider it part of your estate planning process.
Taking the time and making the investment in an estate plan, is for the benefit of the individual and the family. An indifferent attitude about the future is hurtful to those who are left behind.
Reference: Santa Cruz Sentinel (April 7, 2019) “Longtime unmarried couple hasn’t planned for future”
