Joint Living Trust For Unmarried Couples
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FAQ
A joint trust gives the surviving spouse more flexibility to use all of the assets of the trust after the death of the first spouse. A joint revocable trust is also easier to fund and maintain during a couple's lifetime. All assets simply go into the same place; there's no need to decide which trust an asset goes into.
Properly executed documents like a Power of Attorney, Health Care Directive, Cohabitation Agreement, and Last Will can help you and your partner find the legal protection you're looking for?without a marriage certificate.
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.
4 Ways Unmarried Couples Can Protect Themselves Cohabitation Agreements. California allows Cohabitation Agreements, in which partners agree on financial obligations to each other, both during cohabitation and after it ends. ... Wills and Beneficiary Designations. ... Advance Healthcare Directive. ... Financial Power of Attorney.
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.