Estate planning can include a non-married partner. In fact, if you have a non-married partner that you wish to include in your estate and decisions, it is a good idea to draft an estate plan.
Typically, non-married partners do not have the same protections and benefits as a spouse. For example, if you die without a will, a non-married partner does not receive your assets the same way a spouse would. Also, a non-married partner is not considered next of kin for making health-related decisions.
Wills and Trusts
If you have a non-married partner, a will or trust that outlines how you wish your assets to be transferred upon your death is important. Without a will or trust, your assets will pass to your children, parents, siblings, and grandparents. If you want to have control over who receives your assets, a will or trust is important. Generally speaking, a trust will allow your beneficiaries to bypass the probate process. A will requires your property to go through the probate process in your local court.
Power of Attorney and Healthcare Surrogate
If you would like for your non-married partner to act as your healthcare surrogate or be able to sign documents on your behalf, you need certain documents in place. A power of attorney would allow the partner to sign financial documents on your behalf. A healthcare surrogate would allow the partner to make healthcare-related decisions if you are unable to do so. Without either of those documents, that role typically falls to your “next of kin,” which is often a family member.
Estate Planning with a Non-Married Partner
If you have questions about whether estate planning can include a non-married partner, contact a local attorney today.