When we think of estate planning, the image that often comes to mind is of a married couple with children, creating a will and establishing trusts. However, estate planning is not exclusively reserved for married couples. Long-term, unmarried couples can also benefit greatly from proper estate planning, and in some cases it’s even more important for those who aren’t married to have a plan. Here we’ll delve into why estate planning is essential for non-married, long-term couples and explore the steps they can take to secure their financial futures and protect their loved ones.

Estate Planning for Non-Married Couples: Why It Matters

Protecting Your Partner

One of the most compelling reasons for estate planning among unmarried couples is to protect your partner’s financial well-being in the event of your passing. Without a legal marriage, your partner may not automatically inherit your assets or have a say in your medical decisions. Estate planning allows you to designate your partner as a beneficiary, ensuring they are financially taken care of and can make important decisions on your behalf.

Avoiding Intestacy Laws

Intestacy laws come into play when someone dies without a will or estate plan in place. In such cases, the state determines how your assets will be distributed. For unmarried couples, this can be particularly problematic, as the laws typically prioritize blood relatives over non-married partners. Estate planning allows you to have control over who receives your assets and ensures your partner is not left out.

Providing for Dependents

Estate planning is crucial if you have dependents, whether they are children from a previous relationship or aging parents who rely on your support. By creating a comprehensive estate plan, you can outline how your assets should be distributed to provide for your loved ones, even if they are not legally related to you.

Reducing Financial Burdens

The passing of a loved one is undoubtedly a challenging time emotionally. Adding financial stress to the mix can make the situation even more difficult. Estate planning can help minimize financial burdens on your surviving partner by addressing issues such as taxes, outstanding debts, and funeral expenses.

Ensuring Your Wishes Are Honored

Estate planning isn’t just about finances; it also encompasses your healthcare directives and end-of-life preferences. Without proper planning, your partner may not have the authority to make decisions regarding your medical care or carry out your final wishes. By including a healthcare proxy and living will in your estate plan, you can ensure your preferences are respected.

Steps to Get Started with Estate Planning

  1. Create a Will or Trust: Draft a legally binding will or trust that outlines how your assets should be distributed. Be specific about your wishes to avoid any potential disputes. An estate planning attorney will be able to tell you what is best for your situation.
  2. Designate Beneficiaries: Ensure your partner is named as a beneficiary on life insurance policies, retirement accounts, and other assets. This step will help your partner avoid probate and receive assets directly.
  3. Establish a Power of Attorney: Grant your partner power of attorney to make financial and legal decisions on your behalf if you become incapacitated.
  4. Create Healthcare Directives: Specify your healthcare preferences and designate your partner as your healthcare proxy so they can make medical decisions for you if necessary.
  5. Consult an Attorney: Consult an experienced estate planning attorney in your area who can help you navigate the legal complexities and ensure your estate plan is tailored to your unique circumstances. Laws vary by state, so consulting a professional in your area is the best way to ensure your plan is the right one for you.

Estate planning for long-term, unmarried couples is not only practical but also essential. It empowers you to protect your partner, provide for your dependents, and ensure your wishes are honored. By taking the necessary steps to create an estate plan, you can safeguard your financial future and provide peace of mind for both you and your loved ones. Don’t wait—start your estate planning journey today.

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Disclaimer: This article is intended to serve as a general summary of the issues outlined therein. While this article may include general guidance, it is not intended as, nor is a substitute for, qualified legal advice. Your review or receipt of this article by Lexern Law Offices, Ltd. (the “LLG”) or any of its attorneys does not create an attorney-client relationship between you and the LLG. The opinions expressed in this article are those of the authors of the article and does not reflect the opinion of the LLG.

By |2023-09-07T10:27:00-05:00September 8th, 2023|Blog, Estate Planning, Estate Planning|Comments Off on Estate Planning for Non-Married Couples
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