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Inheritance Complications: Without a will or trust, your children might not automatically inherit your assets as intended. Again, intestacy laws could mean your assets are divided in ways you would not have chosen, potentially leaving your children with inadequate financial support. Blended Family Challenges: If either partner has children from previous relationships, the potential for conflict multiplies. Without clear documentation, children from previous relationships may find themselves at odds with the surviving partner, creating painful family rifts during an already difficult time. HEALTH CARE DECISIONS AND END-OF-LIFE CARE Perhaps the most immediate concern for unmarried couples is handling medical emergencies and end-of-life decisions. Medical Decision-Making: Without health care directives, your partner may have no legal right to make medical decisions on your behalf if you become incapacitated. Hospital Visitation Rights: In some health care facilities, only family members are allowed to visit patients in intensive care. Without proper documentation, your partner could be denied access during critical moments. Funeral and Burial Decisions: Legal next of kin typically make funeral arrangements. Without documentation stating your wishes, your partner may have no say in how your remains are handled, even if you’ve discussed your preferences extensively. OTHER MODERN CONSIDERATIONS In our increasingly digital world, estate planning must also address digital assets. From social media to cryptocurrency, digital assets must be specifically addressed in your estate plan to ensure your partner can access them. If you own a business, clear succession planning is essential to prevent disruption and protect your partner’s financial interests. While many consider pets family members, the law views them as property. Specific provisions must be made to ensure your beloved pets continue to receive proper care. Estate planning is not just for the wealthy or the elderly — it is for anyone who wants to protect the people and assets they cherish, because to be realistic, anything can happen at any time. For unmarried couples, creating a legally sound estate plan is not just a good idea — it’s essential. However, a traditional estate plan, DIY plan, or cheap legal plan is not sufficient. Instead, you need a Life & Legacy Plan. Our experienced legal team at Stratton and Reynolds can help you create a tailored estate plan for your life and legacy. We will guide you to understand all the complexities and design a personalized plan that makes it as simple as possible so that when one of you becomes incapacitated or dies, the survivor will have all the support they need without the mess. This includes:
Clearly Addressing Ownership of All Assets and Avoiding Probate: We will work with you to determine the best way to handle the transfer of all jointly and separately owned assets — including your home, bank accounts, investments, retirement accounts, and personal property — in a way that minimizes tax burdens, avoids probate court, and ensures a smooth and seamless transition for your surviving partner. This means your loved ones can focus on healing and honoring your memory, not battling legal complexities. Establishing Guardianship and Financial Provisions for Children: If you have children together or separately, we will work with you to legally designate guardians, establish trusts if needed, and ensure your children’s financial well-being is protected. If you have children from previous relationships, we will take extra care to minimize or eliminate potential conflicts between your children and your surviving partner, ensuring a smoother transition and honoring your wishes. Planning for Incapacity of Either Partner: We will put in place powers of attorney and health care directives so your partner can seamlessly manage affairs and make medical decisions on your behalf if you become unable to do so yourself. YOUR NEXT STEPS FOR PEACE OF MIND Don’t wait until it is too late — take proactive steps today to protect the ones you love. Schedule a consultation with a member of our experienced legal team to get started. Together, we can build a plan that provides clarity, security, and peace of mind for you and your family, no matter what the future holds.
Call 803-358-7214 or complete our contact form to schedule your free consultation. This article is a service of Stratton and Reynolds. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy
Planning®Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session. The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own, separate from this educational material. –TC and Chasity
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