Information Planning Estate For Unmarried Couples
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How to fill out California Last Will And Testament Package?
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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.
While even married or state-registered couples need an estate plan, unmarried or unregistered couples can provide important protections for a surviving partner and/or any minor children by drafting an estate plan, as well as naming the people responsible for making important decisions about their health and property.
The surviving spouse is the sole Settlor/Trustee/Beneficiary if one dies. In short, nothing changes. The surviving spouse manages the Trust and its assets as they see fit. For example, if the surviving spouse desires to, they can amend the Trust, add or remove assets, change future beneficiaries, etc.
Unmarried couples can set up Trusts and wills to ensure that the other partner is named as the Beneficiary of their assets and, possibly, the Trustee of the Trust and/or Executor of the Will. This enables the surviving partner to manage the assets in the event of incapacity or death.