Unmarried Couples and Estate Planning

Whether you have been with your partner for a relatively short amount of time or you have been with your partner for decades and have many shared assets, it is important to learn more about estate planning specifically for unmarried couples and how you should be thinking about estate planning given your marital status. In short, many couples who are not legally married have strong relationships that might seem akin to the relationship of a married couple, but they do not have the same legal rights and responsibilities with regard to one another under the law. Accordingly, it is essential to work with an estate planning lawyer to ensure that you can make clear what rights and responsibilities your partner has, even if you are not married. Our Oak Park estate planning lawyers can tell you more.

Leaving Assets to Your Partner in a Will

If you were to die unexpectedly or did not have a will for any other reason, you would die “intestate.” What this means is that your assets would be distributed according to intestacy law, or the law of intestate succession, in Illinois. Under Illinois law, unmarried partners will not receive anything when assets are distributed according to the laws of intestate succession. Accordingly, it is critical to draft a will with your lawyer if you want to leave assets to your partner.

Considering Shared Assets and Beneficiary Status

Certain assets can be immediate, in some circumstances, without going through probate if you name your partner as a beneficiary. For example, you may be able to name your partner as a beneficiary on certain accounts or insurance policies.

Designating Your Partner as an Agent in a Power of Attorney for Health Care

If you are not married but want your partner or significant other to be able to make important health care decisions on your behalf if you become incapacitated and unable to clarify your wishes, it is especially important to have a power of attorney for health care. While everyone should have a power of attorney for health care regardless of their marital status, it is particularly critical for unmarried couples who want to be sure that their partner makes these decisions for them.

A power of attorney for health care is a document in which you name another person to serve as your “health care agent,” according to the Illinois Department of Public Health. By naming your significant other as your agent, you can be certain that they will be permitted to have decision-making power over critical health care decisions if you cannot make those decisions yourself. In addition to a power of attorney for health care, you should also create other important advance directives with assistance from your attorney.

Contact an Oak Park Estate Planning Attorney for Assistance

The estate planning process can be complicated, but one of the experienced Oak Park estate planning attorneys at our firm can assist you. Do not hesitate to get in touch with us to find out more about different estate planning tools that may be able to give you peace of mind. Contact the Emerson Law Firm today to discuss your options.



See Related Blog Posts:

When to Make a Will

What is a Will Contest and How Can I Avoid One?

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