When people think about estate planning, they often picture married couples creating wills, trusts, and powers of attorney together. But what about couples who aren’t married? In California, unmarried couples don’t have the same automatic rights and protections as married spouses. 

That means estate planning is not just recommended, it’s essential. Without proper planning, state law may dictate who receives your assets, who makes decisions for you if you’re incapacitated, and who is recognized as your partner.

Below, we’ll explore the key estate planning tools available for unmarried couples and how they can help protect your relationship and future.

Why Estate Planning Matters for Unmarried Couples

California’s intestacy laws (the rules that determine who inherits when someone dies without a will) favor legally recognized family members such as spouses, children, and parents. Unmarried partners are not included. This means that if you pass away without a plan, your partner may receive nothing, regardless of how long you’ve been together.

Plus, without proper documentation, your partner may have no legal right to make medical or financial decisions on your behalf in the event of incapacity. Estate planning ensures that your wishes (and your partner) are protected.

Key Estate Planning Tools for Unmarried Couples

Wills and Trusts for Unmarried Couples

A will allows you to name beneficiaries for your assets and appoint an executor. For unmarried couples, this ensures your partner inherits as you intended. However, wills must go through probate in California, which can be lengthy and public.

A revocable living trust is often a stronger option. Trusts bypass probate, allowing your partner to access assets more quickly and privately. They also allow you to name alternate beneficiaries and outline specific terms for asset distribution.

Powers of Attorney

If you become incapacitated, a financial power of attorney allows your partner to manage your financial affairs, such as paying bills, handling investments, and accessing accounts. Without this document, your partner may need to go to court to gain authority, which can be stressful and time-consuming.

Advance Health Care Directive

In California, an advance health care directive lets you name your partner as the person to make medical decisions if you can’t speak for yourself. It also allows you to state your wishes regarding life support, organ donation, and end-of-life care. Without this directive, medical providers may turn to family members instead of your partner.

Beneficiary Designations for Unmarried Couples

Some assets, like retirement accounts, life insurance policies, and payable-on-death bank accounts, pass directly to named beneficiaries. Be sure to update these designations to include your partner if that’s your intent.

Taking the Next Step

Estate planning for unmarried couples in California requires proactive steps to ensure your wishes are honored and your partner is protected. Wills, trusts, powers of attorney, and healthcare directives work together to give you peace of mind and safeguard your relationship.

Work With an Experienced Estate Planning Attorney in the Bay Area

If you and your partner are ready to protect your future, it’s important to work with an experienced estate planning attorney who understands California law. A trusted attorney can help you create a personalized plan that ensures your wishes are respected and your partner is secure.

Contact Lonich Patton Ehrlich Policastri today to schedule your free consultation and start building the protection you both deserve.

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

In an interconnected world, international families are becoming more common. Loved ones may stretch across multiple continents in their search for more diversity and opportunities.

Estate planning can be daunting under normal circumstances. Factoring in family members living in another country takes estate planning to a whole new level. 

How do you ensure your wishes are carried out and your wealth is allocated fairly across borders when laws, taxes, and cultural expectations vary? Estate planning for international families is more about paperwork. It’s also about striking a balance. 

Key Challenges in International Estate Planning

Differences in legal systems, tax codes, and cultural expectations create challenges in international estate planning. Here are some of the key hurdles families may face:

Differing legal systems

Inheritance laws can vary significantly, affecting who inherits and the amount they receive. Some countries have a system of forced heirship, which means that the law dictates that a portion of the estate must be distributed to specific family members, regardless of what the will states. Other countries have more testamentary freedom and flexibility in determining how assets are distributed.

Tax Implications

Some countries have an inheritance tax, which can vary in rates and exemptions. They also vary whether they base their estate tax on the location of the assets or the domicile of the deceased. For example, countries such as the United States tax the worldwide assets of their citizens, regardless of where they live. 

When creating an estate plan, it’s essential to consider the risk of double taxation. This occurs when the assets are taxed in the deceased’s country, but the beneficiaries also face a tax bill from their country of residence. 

The United States does have tax treaties in place with several countries, including Canada, the United Kingdom, Germany, and France. Tax treaties on gifts and inheritances help mitigate the impact of double taxation.

Cultural and Family Dynamics

International estate planning also requires a balance between legal obligations and cultural expectations.

In certain cultures, primogeniture is the expectation in which the eldest son inherits most or all of the family assets. Other cultures tend towards an equal distribution of assets among all children, regardless of their gender or birth order.

Gender roles are another factor in estate planning. Some patriarchal societies don’t allow women to inherit assets, and property passes to the male relatives. This expectation can clash with legal systems that prioritize equal rights and look to ensure fairness among all beneficiaries.

These cultural differences can affect the recognition and enforceability of foreign wills.

Collaborate with LPEP Law

When crafting an international estate plan, it’s vital to work with experts who are familiar with cross-border issues. At Lonich Patton Ehrlich Policastri, our attorneys, with their extensive knowledge and experience, can guide you through the complexities of international estate planning. We can explain how to use treaties, trusts, and other legal tools to your advantage, giving you the confidence that your plan is in good hands.

Estate planning across borders can be complex, but we have strategies to create a plan tailored to your unique needs.

Contact us at (408) 553-0801 to schedule your free consultation.

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

Do you have a plan for who will care for your pets after your death or if you become incapacitated and unable to care for them yourself? Many people assume that friends or family will volunteer to adopt their pets, but the reality is that many pets go unclaimed instead. Even if you’ve included instructions in your will to appoint a caregiver, it can sometimes be difficult to enforce your wishes legally.

So what’s the best way to provide a secure future for your beloved pets? Consider a pet trust.

What is a Pet Trust? 

A pet trust is a legally-enforceable agreement that allows you to designate a caregiver, set aside funds, and set out specific instructions for the care you want your pet to receive until their death. 

What to Include in a Pet Trust

We’ve put together the following tips to help you think about what to include in your pet trust.

Caregiver

The named caregiver will be the person who takes physical custody of your pet and becomes responsible for their daily care. Choose someone you trust but also someone who is both willing and capable of caring for your pet long-term. Have an honest conversation with them before assigning them as the caregiver and have a backup in mind in case your first choice cannot fulfill this role.

Trustee

Designate a separate person (or organization) to manage the money in the trust and make sure it is used appropriately for the care of your pet. Friends or family members can be good choices but you can also consider an attorney or even a non-profit organization that specializes in pet stewardship.

Funds

Set aside enough money to cover care costs for as long as your pet lives. Some people fund their trust through savings, a life insurance policy, or by selling property or other assets. It can be helpful to work with an estate planning attorney to make sure your method of funding the pet trust doesn’t conflict with your will and the rest of your estate plan.

When estimating the costs of care, think about food, veterinary visits and potential emergency care, grooming needs, medication, boarding or pet sitting, and burial or cremation. Try to factor in inflation and also think about how long you think your pet might live. Some species or breeds have specific health problems or shorter or longer lifespans. Do some research online or talk to your veterinarian to help you with estimates. 

Detailed Care Instructions

You know your pet best. Include as much detail as you can to help your chosen caregiver know exactly what your pet needs. Instructions should include things like:

• Diet and feeding schedule
• Any known health conditions
• Medications
• Behavior quirks and history
• Routines
• Preferred veterinarians
• Exercise needs
• Pet sitters or boarding facilities

Consult with an Estate Planning Professional

Establishing a pet trust can give you much-needed peace of mind that your beloved companion will be well-taken care of when you are no longer able to do so. The Estate Planning Group at Lonich Patton Ehrlich Policastri (LPEP Law) can guide you as you make the necessary decisions to set up your pet trust and incorporate it into your estate plan. Schedule your free, no-obligation consultation to get started today.

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

Although it’s not the most comfortable topic, it’s important to plan for the future even if you are young and in great health. Many people put off writing a will, but drafting a comprehensive will and testament is an important step in making sure your wishes are carried out if you die or become incapacitated. Without a will, important decisions such as who will care for your minor children or who receives your assets might be left in the hands of the court. So how do you create a comprehensive will and testament? Consider the following tips:

Choose an Executor

An executor will be responsible for making sure the terms set out in your will are carried out appropriately. Since they will be managing your financial affairs, choose someone trustworthy who is capable of handling your estate and is willing to accept this role. It’s probably a good idea to name an alternate executor as well in case your first choice falls through.

Make a Detailed List of Assets

Assets are things that you own that have value such as real estate, financial accounts (e.g., bank accounts, stocks and bonds, retirement funds), personal property (e.g., car, boat, jewelry, heirlooms, art), cash, and business assets. Don’t forget to account for your virtual and digital assets as well. 

Designate Beneficiaries

How do you want your assets to be distributed? Be specific about the amount (or items) you want each individual, organization, or charity to receive. The more detail you can provide, the less chance for confusion and conflict.

Appoint a Guardian for Minor Children

For parents with minor children, one of the most important things to include is your choice of a guardian who will take care of them in your stead. Of course, you will choose someone you trust, but, if possible, try to find someone who has an existing (and good) relationship with your children. Make sure the person is willing and able to perform these duties in the long term.

Address Debts and Expenses

Your executor will use the assets in your estate to pay off any outstanding debts like mortgages, loans, credit card bills, medical bills, etc. However, it can be helpful to list your debts and expenses in the same way that you listed your assets to ensure that everything is covered and your beneficiaries will not be subject to creditors or legal action. 

Sign Your Will Properly

Make sure you understand your state’s laws regarding wills. To be legally binding, your will needs to be signed by you and at least two disinterested adult witnesses (i.e., not beneficiaries). In some states, the witnesses must sign in your presence while other states accept a signed affidavit.

Consult with an Estate Planning Attorney

Although there is software available to help you write a will, it’s always a good idea to talk to a legal professional. They can help you consider tax implications as well as estate planning tools that might be best for your situation such as a special needs trust, a living will, healthcare directives, power of attorney, and more. Your estate planning attorney can also safely store your will for you and set up regular reviews and updates to account for major life changes like getting married or having a child.

Schedule a free consultation with the estate planning group at Lonich Patton Ehrlich Policastri to get started on planning your future today!

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

Anyone who has assets should have an estate plan. In some cases, estate planning for LGBTQ+ couples can be even more important to make sure that your wishes with regard to distribution of assets, guardianship of children, and healthcare and medical decisions are honored. Below, we’ll go over some specific legal considerations that LGBTQ+ couples should consider and unique challenges that you might face when it comes to estate planning. 

Marital Status and Legal Rights

Although same-sex marriage is recognized legally at the national level, some states might not automatically recognize the rights of same-sex partners, especially when it comes to healthcare decisionmaking, inheritance rights, joint ownership of property, and tax benefits for spouses. In some places, LGBTQ+ couples are limited to civil unions or domestic partnerships. Although these statuses offer some protection and benefits, they might not be as robust as couples would like, so it’s vital to clearly document what you want using the legal documents discussed below.

Wills and Trusts

One of the first things to think about in estate planning is creating a will. List all of your assets and debts and how you would like everything to be distributed. For LGBTQ+ couples, a detailed will is especially important if you have children from a prior relationship, if you are unmarried, or if your family members do not accept your relationship. Clearly state who the beneficiaries are and what they should receive. Note that you should also designate your partner as your primary beneficiary on life insurance policies, retirement accounts, and other financial assets to ensure these benefits do not default to a biological family member.

You might also consider establishing a trust to help protect your assets and ensure that your partner is able to inherit directly without any legal issues or familial conflict. Trusts can also sometimes provide tax benefits and protect assets from creditors and the probate process.

Guardianship Provisions

For LGBTQ+ couples with children, it is important to establish legal parental rights, especially for the non-biological parent of stepchildren or for both parents if the children are adopted. This legal recognition means that both partners have custody and guardianship rights, which can protect against potential challenges from biological family members after the death of one of the partners. In addition, you can appoint a guardian for your minor children (including biological, adopted, and stepchildren) in your estate plan to clearly set out your wishes.

Healthcare Directives

Consider establishing a healthcare proxy or power of attorney for your partner. In some cases, without this provision, your partner might not be legally able to make necessary medical decisions for you if you become incapacitated. If you prefer, a living will can also specify your preferences for medical treatment if you become unable to communicate, which could become important if you are concerned that your family members might not recognize your partner’s role in your life.

Work with LGBTQ+ Estate Planning Experts

Clear, detailed, legally enforceable estate planning documents can help protect your partner and your family and minimize the risk of legal challenges from unsupportive family members. Given the unique challenges that LGBTQ+ couples might face, it’s a good idea to work with estate planning attorneys who are well-versed in these issues. The estate planning group at Lonich Patton Ehrlich Policastri can guide you through the estate planning process and help you navigate difficult and emotional decisions. Call us to schedule a free consultation today. 

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