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.
Massachusetts law does not grant domestic partners the same automatic legal rights as spouses. Without specific legal documents in place:
Estate planning addresses these concerns by legally establishing your partner’s rights and securing your shared future.
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.
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.
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.
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.
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.
If you and your partner own property together, the way you hold title affects what happens upon one partner’s passing. Options include:
Consulting a Natick estate planning attorney can help you determine the best property ownership arrangement for your situation.
While estate planning provides solutions, domestic partners often face unique challenges, including:
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”
209 W. Central Street Suite 218
Natick, MA 01760
All Rights Reserved | Kristine Romano Law | Privacy Policy | Terms of Use