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You may have been with your partner for so long that you consider yourself as good as married. However, your partnership must be officially set in stone via a marriage certificate for federal and New York estate laws to recognize your partnership. Or, you must explicitly name your unmarried partner in your estate documents for them to be included in your plan. Otherwise, there may be serious complications for them at the time of your unfortunate passing. Continue reading to learn what happens if an unmarried couple does not establish a plan and how an experienced New York City estate planning attorney at Zimmet Law Group, P.C. can help you avoid its repercussions.

What happens if an unmarried couple does not establish an estate plan?

It may be considered a worst-case scenario if you and your partner were not in a legally binding marriage and then you sadly pass without establishing an estate plan. This is because, in this case, the New York Surrogate’s Court may have to take the reigns in administering your estate by following intestate successions. And, to reiterate, the state’s intestacy laws may not include your unmarried partner. Rather, if you do not have a spouse, the succession may go as follows:

  • If you have children: your children may inherit everything.
  • If you have parents but no children: your parents may inherit everything.
  • If you have siblings but no children or parents: your siblings may inherit everything.
  • If you have no children, parents, or siblings: your estate may be divided between your mother’s and father’s relatives (i.e., grandparents, cousins, etc).
  • If you have no surviving relatives: your estate may be escheated to New York State.

Put simply, your unmarried partner may be left with nothing while your distant, estranged relatives may reap the benefits of your estate. Or worse, New York State itself.

What are the other consequences of not establishing estate planning documents?

Aside from being unable to make your unmarried partner the beneficiary of your estate, there are other consequences for not naming them in or otherwise establishing your estate planning documents. They read as follows:

  • Your unmarried partner may be unable to serve as the legal guardian of your minor children.
  • Your unmarried partner may be unable to serve as the trustee of your minor children’s trusts.
  • Your unmarried partner may be unable to serve as the financial and medical power of attorney on your behalf.

Lastly, it is worth mentioning that your beneficiary designations in your retirement accounts supersede your estate planning documents. So it may be arguably more important to update your retirement accounts with your unmarried partner’s name. This is so their receiving of these funds upon your unfortunate passing is assured.

In conclusion, if you require immediate legal representation, look no further than a skilled New York City estate planning attorney. Someone at Zimmet Law Group, P.C. will be happy to serve you.