Estate Planning for Domestic Partnerships

Committed relationships can take different forms. Whether it’s a marriage or a domestic partnership, the couple intends to spend their lives together. 

However, the law sees relationships in terms of legal responsibilities and protections. There are key differences between marriage and domestic partnership that can affect your rights if one partner becomes incapacitated or passes away. Ensuring that your partner is legally protected and your wishes are honored requires careful estate planning.

Understanding Domestic Partnership Rights

To be recognized as domestic partners, a couple must complete a Declaration of Domestic Partnership with California’s Secretary of State. To register, both parties must be unencumbered by marriage or another domestic partnership and capable of consent.

Registered domestic partners have many of the same rights as legally married spouses, including community property rules, health insurance coverage, and inheritance rights. Domestic partners can also make financial and medical decisions for each other in some circumstances. Still, these protections aren’t necessarily automatic, and without clear legal documents in place, you risk family members or the state controlling your health, finances, and estate.

Domestic Partners Need a Strong Estate Plan

While domestic partners have several rights under California law, those rights can be challenged. While you may intend for all of your assets to transfer to your partner, there is the risk of complications. There may be a disagreement within the family, or the laws may change. An estate plan provides clarity and reduces the risk of conflict.

With an estate plan, you can ensure that your partner inherits the assets as you intended. Furthermore, you can appoint the person you want to make all the financial and medical decisions if you become incapacitated

Essential Estate Planning Documents

An estate plan should be crafted to fit your objectives, but certain components should be included in a comprehensive plan.

1. Last Will and Testament

Your will allows you to name who will inherit your assets and name an executor to oversee the settling of your estate. If you have minor children, you can name who you want to be their legal guardian if you were to pass away.

Without a will, your property will be distributed according to California’s intestacy laws, which may not align with your wishes.

2. Power of Attorney

This legal document grants your partner the authority to handle your financial matters on your behalf if you can’t do so yourself.

3. Advance Directives

An advance directive authorizes your partner to make medical decisions for you if you are incapacitated. You can also state your wishes for end-of-life care, such as “Do Not Resuscitate” or “Do Not Intubate” orders.

4. Beneficiary Designations

Life insurance policies, pensions, and retirement plans allow you to name beneficiaries to receive the proceeds if you die. 

5. Living Trust

By placing your assets in a living trust, they can avoid probate and transfer directly to your partner.

Unique Concerns for Domestic Partners

While California recognizes registered domestic partners, the United States government does not. This could impact federal benefits and certain tax advantages, which makes careful planning even more essential.

Let LPEP Law Help with your Estate Plan

A well-drafted estate plan tailored to your domestic partnership can ensure your loved one is protected and your wishes are honored. Our attorneys at Lonich Patton Ehrlich Policastri are estate planning experts and can help you navigate the process. 

Contact us at (408) 553-0801 to schedule your free consultation. You will have peace of mind knowing that everything is legally compliant.

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.