Many unmarried couples assume that years of shared love, a mortgage and building a life together means that they automatically have legal rights after a partner’s passing. However, the heartbreaking reality is that unmarried partners generally do not receive the same legal protections and inheritance rights automatically available to married spouses. Therefore, estate planning is often crucial for unmarried couples.
Unmarried couples and legal rights
Without an estate plan, California law sees an unmarried partner as a stranger. When an emergency strikes, the state could prevent the unmarried partner from accessing their home, finances or to even make critical medical decisions for their partner. Here are some of the reasons why cohabiting partners need estate planning, including:
- No automatic succession: If you die without a will or trust under California law, the estate goes to biological relatives. The unmarried partner will not be able to inherit the assets.
- Risk of eviction: If a home is solely owned by one partner, questions about ownership and occupancy may arise after that individual’s death.
- Medical access denial: Without appropriate legal documents, an unmarried partner may face limitations, when making medical decisions or accessing certain information during a medical emergency.
- Costly court proceedings: If your assets exceed the state’s probate threshold, the living partner would have to go through a public court system. Mandatory fees and a potentially lengthy legal process could drain the grieving partner’s finances.
Married couples are protected under the legal safety umbrella to some extent without even extensive planning. However, as an unmarried couple it is important to establish legal protections as early as possible.
Securing your partner’s future
Estate planning isn’t just about the distribution of property and financial assets; it’s also about taking the primary steps to protect your partner for the future. Estate planning documents such as a trust, advance health care directive and power of attorney can help unmarried couples clarify their wishes and provide important legal protection.
