Can you have an estate plan as an unmarried couple?
Watch our video and get your question answered in less than a minute! This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Want to know more about Estate Planning, schedule a free consultation with us. If you want to learn more about this check our short article here. If you are in a committed relationship and you are not married, it is actually very important to have done some thinking about an estate plan. One of the reasons for this is because under state law, if you are married, there are some protections that you have as a spouse that people will transfer to you automatically. As a spouse you have some legal rights about things such as medical information. If you are not a married couple, then under the law you are a stranger. With an estate plan you can establish that this person that you are with has some legal rights not only to receive property if you pass away, but also to make decisions for you if you are in the hospital and to have access to information. There are times where we have created an estate plan that functionally mimics all of the legal protections that a married couple has without requiring that they go through the legal process of being married. Not only is it perfectly possible to do estate planning as an unmarried couple, it is really a good idea to do. If you would like to know more about the topic, just reach out for a Free Consultation. We can help. Watch our video and get your question answered in less than a minute!
This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Want to know more about Estate Planning, schedule a free consultation with us. In our opinion, everyone can benefit from an estate plan. That does not mean that you need to hire a lawyer to put documents into place, because an estate plan is more of a strategy. As long as you have a coherent thought out strategy on what would happen if something happens to you, then you have got a plan. Maybe this includes legal documents or maybe involves just having beneficiary designations, but everyone should at least have spent some time thinking about this. There are some people where this is more important for them. If you have children that are minors, then it is important to figure out who should take care of them when you are gone. One of the worst case scenarios would be if something happened to you and having your remaining family fight over who is going to take care of your small children. That can create bad blood and tensions that you can avoid if you make proper plans for it during your lifetime. The other piece of it is if something happens to you and you are in a hospital and someone needs to make medical decisions for you, if you have planned for that ahead of time and have the right documents in place, then that is a fight that does not have to happen and can help people step in when they would need to without unnecessary complications. Contact an attorney for more information. Book a Free Consultation here. Watch our video and get your question answered in less than a minute!
Generally speaking, an estate plan is a strategy. There are a lot of different components to it. Part of it is legal documents, while the other part of it is pieces outside of the legal documents that can include things like a will or a trust. However it is more than that. It also considers powers of attorney for health care and finances, includes beneficiary designations at a bank, joint ownership of who is even on the account and whose name is on the deed. It also can include if you are married, especially if you are coming from a previous relationship, it can include marital property agreements and figuring out not only where your things are going to go, but also what is considered 'your things'. When you boil it down, an estate plan is simply just a strategy. See more information about Estate Plans. This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Want to know more about it, schedule a free consultation with us. Watch our video and get your question answered in less than a minute!
A will is a piece of an estate plan and an estate plan is an overall strategy whereas a will is a portion of that strategy. Generally speaking, when you do an estate plan you want to have a comprehensive idea that's going to deal with all of your assets, not only after you pass away but also while you're alive. A will only comes into effect after you're gone, and it only deals with some assets that haven't already been figured out. If you've got a bank account that has a beneficiary designation, a will is never going to touch that. Also, if you go into the hospital and you have a coma or another medical situation, the will does not go into effect yet. An estate plan deals with more holistic, comprehensive planning than a will does. This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Contact an attorney for more information. Book a Free Consultation here. Watch the video to learn about your options.
There are a number of different strategies to avoid probate. The basic concept is that any asset that does not have an automatic trigger to transfer to a new person is considered a probate asset. For example, if you have a house that is in your name and that is all you have done, that house becomes a probate asset. There are a number of techniques and tactics that you can use to have those assets automatically transfer. A combination of those are usually what constitutes an Estate Plan that once you come up with a strategy on how you want to make those transfers, going through the process that makes that all of your assets do transfer without going through probate. Whether that is a beneficiary designation, joint ownership, or putting the assets into a trust, figuring out the method and technique that works best for you and your assets as well as your family on how those assets should transfer so that they do not have to go through the probate process. This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Want to know more about it, schedule a free consultation with us. Wisconsin Intestate Succession statutes state that when someone dies without a will, the deceased spouse or legal domestic partner is considered next of kin. After that, children receive priority as the next of kin to inherit the estate. If there is no spouse, or no children, the estate goes to the deceased’s parents, then siblings. However, Intestate Succession only follows bloodlines and legal relationships. If you want someone who isn’t legally related to you to inherit something, you’ll need to set it up.
According to the U.S. Census, in 2019, the number of unmarried partners living together in the U.S. had nearly tripled in two decades from 6 million to 17 million, representing 7% of the total adult population. If couples are not married and are not legal domestic partners (requires signing and filing a declaration of domestic partnership with the county registrar of deeds), they need to cover their bases if they want their partner to inherit their estate if they die. The following checklist can help individuals and couples to start thinking about their estate, which includes financial assets, real estate assets, and all belongings. No matter how much or little people think their estate is worth, these steps will ensure a loved one is not left out of the picture if their partner were to pass. The Basics: Beneficiary Status and Rights of Survivorship A formal estate plan (that is, a pile of paperwork from a lawyer) is not needed to securely designate the beneficiary of financial assets. Individuals can add their partner’s name to financial assets including bank accounts, retirement accounts, investment accounts, annuities, and insurance plans. Rights of survivorship means that if an asset is jointly owned, all ownership and/or funds pass directly to the surviving owner in the event of death. For real estate properties, make sure both names are on the deed with rights of survivorship. Double check all joint checking/savings accounts, credit cards, and any other asset where both names are listed have rights of survivorship. It is important to note that many unmarried couples choose to keep their bank accounts and real estate investments separate. It is also important to understand that beneficiary status and rights of survivorship don’t cover belongings or the event that the couple perishes at the same time. This is where the comprehensive estate planning strategy comes into play. The Strategy: Estate Planning for Life and Death While the law only looks at bloodlines and legal partnerships in the absence of a will, any group of people can create an estate plan together. Many unmarried couples plan their estate together, so everything transfers over to the surviving partner automatically. If there are shared assets and dependents involved in the relationship (including pets), it is even more reason to make sure a couple’s living and non-living wishes are clearly stated. An estate plan is a strategy, often including a collection of legal documents, that, if done correctly, lets individuals decide where their property goes and allows loved ones to avoid probate after they pass on. An estate plan typically includes: 1.Will – A legal document that gives instruction to the probate courts about your wishes regarding the care and distribution of your assets after your death. A will cannot reach out and grab things, it can only direct property that is already going through the courts. 2.Powers of Attorney – The medical and financial power of attorney documents inside of an estate plan ensures the person put in charge is able to make decisions should the individual become incapable of doing so. 3.Trusts – A crucial and diverse aspect of estate planning, trusts will protect an individual’s or couple’s legacy and ensure privacy and control of their wealth. The most frequent type of trust that is involved with estate planning and estate administration is a Revocable Trust (sometimes called a living trust or an inter vivos trust). 4.Advanced Directives – A legal document that tells doctors and loved ones an individual’s wishes about their health in the case they cannot communicate those decisions themselves. Unmarried couples need to cover their bases when it comes to their estate so that their assets – and the future security of their loved one – are protected from probate, avoidable taxes, and legal contests from would-be heirs. Start today with a free consultation. When a loved one dies, there are prescribed windows for when a will enters and exits probate. Wisconsin courts want a probate case to be opened and closed within 12-18 months. When a person plans to contest a will, they only have 30 days to do so after the probate petition is filed.
If you are concerned about the way a will is going to be executed, you need to speak up fast before your window expires. First, you should confirm that you are a named beneficiary in the current or a previous version of the will or have a family relationship that would have entitled you to an inheritance. This means you have a legal right to petition. Depending on the situation, challenging the way the estate is administered – instead of contesting the will itself – may be more effective. Here’s why. Will Contests are a Strange Beast To contest a will, you need to act quickly and have solid evidence that the will documents are not valid. As a beneficiary, you will receive a notification from the court when the probate case is going to be opened. This is the absolute best time to voice an objection because no one has been given any authority yet. A case can be opened either by getting a signature from all of the people involved, or by having a hearing. If you are unsure, do NOT sign anything. Without your signature, a hearing will be required. At the first hearing for the probate case, a judge or commissioner will ask if anyone is objecting to the case being opened. If there is an objection, they schedule a hearing to learn more about it. Do NOT miss this court date just because you haven’t talked with a lawyer yet. Between the first hearing and the second, you will have time to hire an attorney, have conversations with other beneficiaries, review all of the estate documents, and gather your evidence. There are three premises on which a will could be invalid: the deceased lacked mental capacity when the will was signed, the deceased was subject to undue influence, or fraud was involved. If your reasons to contest the will do not fall into one of these premises, if you do not have proof, or if you missed the window to object, Block Legal Services recommends changing your focus to challenging the administration of the estate. Once probate begins, there are two opportunities to challenge if you don’t feel the wishes of the deceased are being fulfilled. Challenge Opportunity No. 1: The court-appointed person should not be in charge If there is a will, it nominates the executor or personal representative (PR) of the estate. The law heavily favors the appointment of a PR that was named in a valid will. The only way to prevent their appoint would be to show the court that they are legally, mentally, or physically incapable of doing the job of personal representative, which involves settling claims against the estate and distributing the assets. If there is no will, the situation is very different. You can file paperwork to nominate yourself as the PR. At that point, anyone who disagrees would have to show the court why you would be unable to do the job. If multiple people have filed for who gets to be PR, the court will have to decide who would be the best choice. Once someone is appointed by the court to be the PR, it becomes much more difficult to challenge them. If you would like to request that the PR be replaced, you will need to provide a legitimate reason why. The standard for removing a Personal Representative can be tough – you will need to prove the PR is neglecting their duty, guilty of fraud or misconduct, or is incompetent. If the PR does something you don’t agree with during the probate process – let’s say they sell your loved one’s house to their best friend for $1 – it might not be enough to get them removed immediately! Ultimately, they are responsible for making the beneficiaries whole. If you don’t see this occurring, you will have the opportunity to object at the very end of the whole process. Challenge Opportunity No. 2: Challenge the accounting itself You can position yourself as a watchdog throughout the estate settlement and asset distribution process with the goal of bringing any objections in front of the court when the final accounting is presented. At this time, you don’t have to challenge whether a will was valid in the first place. You can directly challenge the way a will was administered in order to ensure you and the other beneficiaries received what they were supposed to receive. The final accounting is the closing out of the estate, where the PR presents a list of what happened to each asset – including receipts. This is the best bet for most beneficiaries looking to challenge a will. You can share concerns you had along the way, flag suspicious accounting, provide a list of tasks you felt were completed incorrectly – with the goal of all beneficiaries walking away whole. The law has tunnel vision when it comes to probate – they want each case to open, settle, and close efficiently – and rightfully so. Courts assume everything is correct in a will unless someone can bring evidence that shows a reason to believe it is not correct. The best thing to do for your own estate is to arm yourself early, raise concerns as soon as you have them, and object as quickly as you can. It is much easier to drop an objection that turns out to be unfounded than to raise one too late. Prevent Future Concerns Around Your Estate All that is needed to sign a will is a list of heirs, assets, and where you want those assets to go. You can avoid concern and uncertainty by your beneficiaries after you pass with an estate plan. A strong estate plan can do so much more than simply direct how your assets are handed down. It can offer a variety of protections during your lifetime, not only for your assets, but for you and your family – all while remaining private. This includes wills, trusts, power of attorney, avoiding probate or protecting from probate litigation, and prenuptial and postnuptial agreements. This article was written with the assumption that there is a will in place and that the loved one is deceased. If your loved one is still alive and you feel uncomfortable with the way their estate is being handled, please visit the National Center on Elder Abuse to connect with state resources that can help you take action. |
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May 2023
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