Does a Domestic Partner Have the Same Rights as a Spouse When It Comes to Estate Planning?

For many couples, marriage provides built-in legal protections for inheritance, medical decisions, and financial matters. However, domestic partners do not automatically receive these rights. Without proper estate planning, your partner may be left out of critical decisions or struggle to access assets. Fortunately, a well-crafted Natick estate plan can ensure your partner’s security and honor your wishes.

Why Estate Planning Matters for Domestic Partners in Natick

Massachusetts law does not grant domestic partners the same automatic legal rights as spouses. Without specific legal documents in place:

• Your partner may not inherit your assets.
• They could be excluded from making medical or financial decisions on your behalf.
• They may face difficulties accessing jointly held property or financial accounts.
• Family members, rather than your partner, may have control over critical matters.

Estate planning addresses these concerns by legally establishing your partner’s rights and securing your shared future.

Essential Estate Planning Tools for Domestic Partners

Last Will and Testament

A Will ensures that your partner inherits your assets according to your wishes. Without a Will, Massachusetts intestacy laws dictate how your assets are distributed, often prioritizing biological family members over a domestic partner. By clearly naming your partner as a beneficiary, you eliminate any uncertainty about their inheritance rights.

Revocable Living Trust

A Trust allows you to transfer assets to your partner without the delays and costs of probate. Unlike a will, a living trust keeps your affairs private and ensures that your partner receives assets directly upon your passing. Trusts also allow for detailed instructions on asset distribution, which can be particularly useful for blended families or shared property ownership. Read more about the differences between a Will and a Trust.

Durable Power of Attorney

A power of attorney grants your partner the authority to manage your financial and legal matters if you become incapacitated. Without it, they may need to go through a court process to obtain guardianship, which can be time-consuming and emotionally draining. A durable power of attorney ensures that your partner can handle financial responsibilities, such as paying bills and managing investments, without legal obstacles.

Health Care Proxy and Advance Directive

A healthcare proxy designates your partner as the person who can make medical decisions on your behalf if you are unable to do so. Without this document, state laws may prioritize a parent or sibling over your partner. Additionally, an advance directive outlines your medical preferences, ensuring that your partner has clear guidance on your wishes for treatment and end-of-life care.

Beneficiary Designations

Some assets, such as life insurance policies, retirement accounts, and payable-on-death bank accounts, pass directly to the named beneficiary regardless of what your will states. Regularly updating beneficiary designations to include your partner is essential to prevent unwanted distributions.

Property Ownership Strategies

If you and your partner own property together, the way you hold title affects what happens upon one partner’s passing. Options include:

• Joint Tenancy with Right of Survivorship (JTWROS): This ensures that ownership automatically transfers to the surviving partner.
• Tenancy in Common: Each partner owns a percentage of the property, which can be passed to heirs according to their estate plan.

Consulting a Natick estate planning attorney can help you determine the best property ownership arrangement for your situation.

Common Estate Planning Challenges for Domestic Partners

While estate planning provides solutions, domestic partners often face unique challenges, including:

• Lack of automatic legal protections: Unlike married spouses, domestic partners do not have inheritance rights without a will or trust.
• Family disputes: Without clear legal documents, biological family members may challenge a partner’s rights.
• Tax implications: Domestic partners may not qualify for certain tax benefits available to married couples, such as estate tax exemptions and spousal rollovers for retirement accounts.
• Guardianship of minor children: If you and your partner have children, naming guardians in your estate plan is crucial to ensure their care aligns with your wishes.

How Our Natick Estate Planning Law Firm Can Help

At Kristine Romano Law, we understand the specific challenges domestic partners in Natick, MA, face when planning their estates. Our experienced team, known for its professionalism and compassionate approach, can guide you through every step of the process, ensuring that your partner’s future is secure. Contact our office today to schedule a strategy session and discuss your goals.

Reference: J.P. Morgan (Sept. 12, 2024) “Retirement and Estate Planning for Unmarried Couples”