Having an estate plan is important for individuals of all incomes and ages. Whether you’re of modest means or have amassed a large, complex estate, you’ll want to ensure that you provide for your loved ones after you pass on.
For unmarried partners in California who aren’t formally registered with the state, it’s especially critical to understand the key tenets of domestic partner estate planningestate planning. There are key differences in the laws that apply to individuals in such partnerships from those that address estate-related matters of “conventional” marriages.
We will address the topic’s fundamentals here. With that said, your first major step toward estate planning (including estate planning for same-sex couples) should be consulting an experienced California domestic partnership attorney.
Estate Planning for Domestic Partners: Fundamental Considerations
Unlike some aspects of California estate law, the legal parameters regarding domestic partners are not complicated by default. The biggest factor is whether your partnership has been registered, specifically via filing a Declaration of Domestic Partnership (either public or confidential) with the California Secretary of State.
If registered:
- You and your partner are, in many ways, no different under California state law than a married couple.
- You have most of the same rights, protections, and benefits, and shall be subject to the same responsibilities … as are granted to and imposed upon spouses,” per Section 297.5 of the California Family Code.
- This includes inheritance privileges. Even if you die intestate (without a will), your registered partner, children, and any other surviving blood relatives are eligible to inherit your estate, though the probate process may be lengthier as a result.
- With that said, intestacy laws have set-in-stone rules for who receives what in your estate. Most of these favor the registered partner (not unlike the spouse) more than other potential beneficiaries. Unless that is your intended outcome, you’ll want to work with a lawyer specializing in domestic domestic partner wills and trusts. An estate, wills, and trusts expert from the Law Offices of Alice A. Salvo can help ensure there’s a detailed roadmap for your financial legacy that’s ideal for all beneficiaries.
On the other hand:
- Unregistered domestic partnerships (what were once sometimes called “common-law marriages”) in California aren’t subject to the protections that married couples and registered domestic partners enjoy.
- In these cases, if you die intestate and without a trust, your partner technically isn’t eligible for any inheritance, no matter how long they were with you or how important the relationship was to you both. (Your partner’s children may receive some intestate inheritance, but this is not guaranteed.)
There are plenty of reasons why you may have chosen never to formalize your domestic partnership through registration. But the estate planning implications of an unregistered partnership can’t be ignored.
Ultimately, it’s worthwhile to establish a will, trust, or both regardless of your partnership’s status under California law. If you complete these arrangements under the counsel of an experienced domestic partnership attorney, you won’t have any problems designating your partner as a primary beneficiary.
You should also strongly consider creating an advanced directive that gives your partner healthcare proxy rights. Similarly, it may be wise to grant them power of attorney if they need to make hard choices on your behalf.
