In A Domestic Partnership? Make Sure You Have A Will.

Mar 11, 2022

A domestic partnership is an arrangement between two people. Though they are not legally married, domestic partners live together and share household and financial responsibilities. Also, though the term "domestic partnership" is most common, some states call this arrangement a "civil union" or "civil partnership." It exists in some states as an alternative to traditional marriage for both same-sex couples and partners of the opposite sex.
What does a domestic partnership do? It formalizes the relationship in a legal sense. Partners do not have all the same rights as a married couple, but they may have privileges when it comes to hospital visits, medical decisions, and control of common property.

The details of these legal rights vary by jurisdiction, but it is always essential to understand the nuances of the arrangement. Most importantly, you need to make sure you have a will that details your wishes related to property, inheritance, and other estate-related issues.



Why do domestic partners need a will?

If you or your partner die intestate (without a will), state law will dictate what happens to your estate. This can raise a few issues. First, if your domestic partnership is registered in a municipality, it might not be recognized by the state at all. Even if your domestic partnership is registered at the state level, the rules vary widely from place to place. Some states may give your partner specific rights, while others may not. If the law is unclear, other relations can challenge your inheritance or other rights in court.
A will can take any confusion out of the equation and protect you or your partner should someone choose to challenge you or your partner's rights to the estate.

Learn your rights

Your rights as a domestic partner vary by state and municipality. Therefore, you should start the process of creating a will by consulting a lawyer so that you clearly understand the law.
If you entered into a domestic partnership in a city, your rights might be limited. This is because estate laws are always applied at the state level. If the state does not recognize the city-level domestic partnership, the surviving partner may have no rights to the estate whatsoever.
In addition to gaining the necessary knowledge about estate-related rules, you can also find out what rights you have in terms of medical decisions and power of attorney. Power of attorney gives the other member of the partnership the right to make medical decisions if you are unable to decide them for yourself.
Once you consult a lawyer, it should be clear what specific steps you need to take to ensure you and your partner get the benefits from a will. 

What about property?

Regardless of your legal relationships status, you can hold property as joint tenants with the right of survivorship with your partner. If either of you passes away, the property that you own together will pass to the surviving person regardless of status. 

What does a will include?

Your will should include any assets or inheritance not covered by state law for your domestic partnership. You can also engage in a more comprehensive estate planning effort to ensure that your wishes are carried out after your death.
A will names beneficiaries who will inherit your property. Your domestic partner can be a beneficiary, as can friends, relatives, children, or even organizations and charities.
You can have multiple beneficiaries if you want to divide your assets. Most lawyers will advise you to name a contingent beneficiary. This person will get the inheritance if the primary beneficiary has also passed away or is otherwise unable to take over your estate. Even if you leave all your assets to your domestic partner, you can still name a contingent beneficiary who can control your estate if you pass away together.
If you have multiple beneficiaries, you can choose to bequeath specific assets to certain people or divide the value of all property into percentages. You will want to clearly name the beneficiary and precisely describe their inheritance to avoid any confusion.
The next step in a will is to appoint an executor. You can choose a trusted friend or family member or rely on a lawyer. The executor is in charge of reading the will and ensuring that everyone gets their inheritance. They are also charged with settling debts and paying any taxes due.
If you have specific items that already name your partner as a beneficiary, such as life insurance, you do not need to name them in your will. These assets will transfer directly to the designated party when you pass away. 

Make sure the will is legal

You will have to take specific steps to ensure your will is legal. In most states, you need to sign the document in front of witnesses, who also sign the document. Depending on the circumstances, these witnesses might have to testify in a probate court that they saw you sign the will and ensured that you did so of your own volition and had the mental capacity to do so. 

Other considerations for domestic partners

A will covers your estate and ensures that your domestic partner gets the inheritance that you desire them to have. However, there could be situations when a will does not grant sufficient benefits. For example, if you are somehow incapacitated and your state does not provide your domestic partner with powers of attorney, you can create a document that gives them the right to control your assets and finances until your recover.
With financial powers of attorney, you and your domestic partner can pay bills, manage investments, and take other necessary steps until the other person recovers or passes away, at which time the will takes effect. 

How a lawyer can help domestic partners with a will

Because each state or city has different rules for domestic partnerships, you need to consult a lawyer to ensure that you cover all the necessary aspects of estate planning, powers of attorney, and other steps. 

What next?

If you think it might be time to think through your estate plan, you can:
  1. Give us a call at 720-821-7604 to schedule a "Discovery Session" at which we can determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
  2. Visit our estate planning page to learn more about how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
  3. Get a copy of our estate planning checklist to see where you currently stand.
  4. Learn more by reading our blog or watching our videos .

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