Estate Planning for the Unmarried
July 18, 2012 By The O'Brien Law Firm LLC
Many of us remain unmarried by choice or by necessity. Maybe you are paired up but cannot legally marry because of laws prohibiting same-sex marriages, or maybe you’re on your way to marriage. You may also be choosing to live with another person instead of choosing marriage for personal reasons. Whatever the reason may be, you should carefully consider your future property rights together as unmarried cohabitants.
If you do not have a Will, your spouse may not be able to inherit from you absent common law marriage statutes. The majority of states do not acknowledge common law marriages. This means that if you die without a will, your spouse cannot automatically receive a portion of your estate.
Instead, your state’s intestacy statute will determine your legal heirs entitled to benefit in the absence of a will.
Thus, it is imperative for unmarried partners to speak with an estate planner to establish their respective rights to inherit from each other’s estates. Your estate planning attorney can help you draft mutual wills and title property jointly, if necessary.
ABOUT THE AUTHOR: Michael O'Brien
Experienced estate planning attorneys Cleveland OH of The O'Brien Law Firm LLC offers estate planning and business planning resources to residents of Cleveland OH.
Copyright The O'Brien Law Firm LLC
More information about The O'Brien Law Firm LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Instead, your state’s intestacy statute will determine your legal heirs entitled to benefit in the absence of a will.
Thus, it is imperative for unmarried partners to speak with an estate planner to establish their respective rights to inherit from each other’s estates. Your estate planning attorney can help you draft mutual wills and title property jointly, if necessary.
ABOUT THE AUTHOR: Michael O'Brien
Experienced estate planning attorneys Cleveland OH of The O'Brien Law Firm LLC offers estate planning and business planning resources to residents of Cleveland OH.
Copyright The O'Brien Law Firm LLC
More information about The O'Brien Law Firm LLC
View all articles published by The O'Brien Law Firm LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
