Unmarried and non-traditional couples need to do their estate planning


Many people who are in a committed partnership are at risk of passing their estate in a manner that does not suit their needs and desires. Due to outdated estate planning and probate laws, unmarried couples face a variety of issues that do not concern their married counterparts. These issues, in effect, often deny unmarried couples the important protections and benefits enjoyed by married couples. 

 For example, these laws include a number of provisions that protect married persons by assuring that surviving spouses are provided for should the deceased spouse purposely or inadvertently fail to provide for them. Unmarried couples are provided with no such protections, regardless of their commitment and dedication to the partnership. This is due to the fact that these laws grant protection to “spouses,” and “spouses” is often interpreted to mean opposite sex people who are married. Without a will, a surviving partner may be excluded from having any share in their deceased partner’s estate.

 
  These laws also negatively impact unmarried couples when it comes to government and corporate pensions, estate taxes, and rights regarding care and management of finances for disabled partners. For example, Social Security spousal benefits are only available to spouses. Similarly, employer-sponsored pensions often do not entitle suriving partners to benefits. Unmarried couples are also negatively affected with regard to estate taxes. Tax provisions often allow married couples to defer estate taxes until after the second spouse dies. This privilege is not extended to unmarried couples. Lastly, unmarried partners do not have automatic rights regarding care for and management of finances for their disabled partners.
 
   In short, every unmarried person who is in a committed partnership should have an estate plan in place.
Contributions from Diana Tran

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