In the past two decades, the number of unmarried couples living together in the U.S. has nearly tripled from 6 million to 17 million, but that does not mean they have the same rights that married couples have. If you aren’t married, and your partner dies, that can affect your estate planning, and understanding your rights as a couple when one dies is important.
Did They Have a Will?
The first item to consider is whether or not your partner created a will prior to passing. If they did, then the allocation of all their assets should be laid out rather clearly.
However, if they did not create a will, that is where the law gets rather tricky. Unlike with married couples, when one unmarried partner passes, the living partner does not receive any automatic legal right to their deceased partner’s property or assets.
In this case, with no will, the assets will likely be passed to the deceased partner’s family, and their estate is left in the hands of state law. Likely, the law will grant the estate to the family as well.
The easiest way to avoid this is to make sure you and your partner have up-to-date wills and estate plans.
What Are Civil Unions and Domestic Partnerships?
However, there is another way to maintain some rights when your partner dies: form a civil union or domestic partnership.
Civil union and domestic partnership are both terms for a legally recognized relationship that is close to a marriage but does not include the formal documentation and ceremony. They can also offer some basic legal rights to your relationship without the two of you being married. However, they normally do not confer an automatic property interest as a surviving partner.
While civil unions and domestic partnerships are not federally recognized, certain states and the District of Columbia recognize one or the other.
Create an Estate Plan
The Commonwealth of Virginia does not recognize any of the types of status outlined above. So, here in Virginia, create an estate plan to ensure your partner receives what you want them to. SmolenPlevy’s estate planning lawyers can guide you through the process. Schedule a consultation with estate attorneys Jason Smolen (jdsmolen@smolenplevy.com) or Daniel Ruttenberg (dhruttenberg@smolenplevy.com) to get started.
About the Authors
Jason Smolen
Jason Smolen is a founding principal of SmolenPlevy. Smolen’s knowledge of complex estate and business issues has drawn the attention of ABC News, USA Today, E! Online, Realty Times and the Bank of America Small Business Online Community. Mr. Smolen is a graduate of the City College of the City University of New York and the George Mason University School of Law. Smolen also serves as a board member of a local citizens association and recently co-authored an article titled Why You Should Think About Spousal Limited Access Trusts (SLATS).
Daniel H. Ruttenberg
Daniel H. Ruttenberg, JD, CPA, LLM is a principal with the firm. Mr. Ruttenberg received his Bachelor of Science degree with a double major in Accounting and Finance from the University of Maryland. He earned his Juris Doctor with Honors from George Mason University School of Law and his Master of Laws in Taxation with Distinction from Georgetown University Law Center. Mr. Ruttenberg also served as the Director of the Fairfax Bar Association (FBA) for seven years. During this period, he was also elected president – the youngest in FBA history and served as a member of the Board of Directors for the Fairfax Law Foundation.
