Legal Considerations for Non-Traditional Families in Estate Planning

Families do not all look the same, and nontraditional family estate planning should reflect that reality. For unmarried couples, blended families, domestic partners, LGBTQ+ families, and families with children from previous relationships, relying on California’s default inheritance rules can create unintended consequences.

For families in the Bay Area, thoughtful estate planning can help ensure that the people you consider family are legally protected and that your wishes are carried out.

Unmarried Couples Need to Plan Proactively

Marriage provides certain legal protections automatically. Unmarried partners who are not registered domestic partners generally do not receive the same automatic inheritance rights under California’s intestacy laws as spouses and registered domestic partners. If one partner dies without an estate plan, assets may pass to relatives rather than the surviving partner, regardless of how long the couple has been together.

A comprehensive plan can address these gaps through documents such as a revocable living trust, will, financial power of attorney, and advance health care directive. Beneficiary designations on retirement accounts and life insurance policies should also be reviewed to make sure they align with the overall plan.

For unmarried couples who own a Bay Area home or other substantial property together, additional planning may be particularly important. A cohabitation agreement can also help establish expectations regarding property ownership and financial responsibilities.

Blended Families Require Clear Instructions

Blended families can present unique estate planning challenges. You may want to provide for your current spouse or partner while also ensuring that children from a previous relationship ultimately receive an inheritance.

Without clear instructions, those goals can conflict. For example, leaving assets outright to a surviving spouse may give that person complete control over how those assets are eventually distributed. A properly structured trust can provide for a surviving spouse or partner during their lifetime while preserving assets for children or other beneficiaries.

Parents should also consider who should manage assets for minor children and how an inheritance should be distributed as children reach adulthood.

Domestic Partners and LGBTQ+ Families

California law provides significant protections for registered domestic partners, but estate planning should still be tailored to the family’s circumstances. Families should review their legal documents regularly, particularly after marriage, domestic partnership registration, divorce, the birth or adoption of a child, or a major change in assets.

Estate planning can be particularly important when a client’s intended family relationships do not correspond to legal relationships that carry automatic inheritance or decision-making rights. Carefully drafted documents can identify intended beneficiaries, fiduciaries, and health care decision-makers rather than leaving those questions to default rules.

Your Estate Plan Should Reflect Your Family

There is no single definition of a “traditional” family, and there should not be a one-size-fits-all estate plan. Whether your family includes an unmarried partner, stepchildren, domestic partners, adopted children, or other loved ones, your estate plan should clearly explain who you want to protect and how.

At LPEP Law, our estate planning practice provides services involving estate planning, trusts, probate, and estate and trust administration. If you live in the Bay Area and your family structure does not fit the traditional model, working with an experienced estate planning attorney can help you create a plan designed around your actual relationships, assets, and wishes.

Contact us today to schedule your free consultation.

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

Mitchell Ehrlich

Mitchell Ehrlich was made a Partner at Lonich Patton Ehrlich Policastri in 2007. He practices exclusively in the firm’s Family Law practice, handling a wide variety of family law issues, including dissolution, legal separation, property division issues, custody and support disputes, parentage claims, post-judgment matters and pre and post-nuptial agreements. In addition, he became a California Certified Family Law Specialist as certified by The State Bar of California Board of Legal Specialization in 2009 and since has co-headed the Family Law Practice with co-founder David Patton.