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

Dan McKenzie • Aug 31, 2023

Creating a will is an essential life task that many of us put off until it's too late. However, for those in domestic partnerships, having a will is crucial because of legal limitations that can prevent a partner from inheriting the estate of their loved one without one. In Colorado, domestic partnerships have existed since 2009, providing couples with legal recognition of their relationship. However, without a will, a domestic partner may be left vulnerable and without any legal standing, despite having paid years of shared expenses and living together for decades. In this blog, we will go over the importance of having a solid will in a domestic partnership, including the legal implications and reasons why it's essential for all couples in Colorado.


According to Colorado law, if an unmarried partner dies without a will, their assets pass to their blood relatives, which means their surviving domestic partner would receive nothing. This can be a devastating realization for those who have shared finances, property, and even children. Having a solid will outlines your wishes and ensures that your assets are distributed correctly and legally. Without one, the surviving partner could be left facing legal battles or financially strained and unable to sustain their current living standards.


Additionally, if there are children involved in the partnership, the stakes get even higher. If a partner dies without a will, they may inadvertently exclude their surviving partner from any custody arrangements. This means that if the surviving partner is not granted custody, they may not be allowed to have any contact with their children, even though they have lived with them and contributed to their upbringing.


Having a will not only ensures that your assets and children are taken care of after your death, but it also provides peace of mind. Knowing that your partner and children will be taken care of according to your wishes when you're gone can alleviate any stress or doubts that may arise during your lifetime.


It's essential to understand that even if you're in a domestic partnership, you still need to create a solid will. A domestic partnership does not grant the same legal rights as a marriage. Without a will in place, the legal system may not even recognize your partner as an inheritor, despite having lived together for years. 


Lastly, creating a will is an easy process that shouldn't be put off until it's too late. With the help of a qualified attorney, you can ensure that all your assets are distributed according to your wishes. Additionally, the cost of creating a will is relatively low. The long-term benefits outweigh any short term cost involved.


If you're in a domestic partnership in Colorado, it's crucial to have a will in place. Without one, you risk leaving your partner without legal inheritance rights and potential custody issues, which could lead to expensive legal battles and emotional turmoil. A will provides peace of mind, legal protection for your partner and children, and ensures that your assets are distributed according to your wishes. It's essential to remember that domestic partnerships do not provide the same legal rights as marriage, and so creating a will is the best way to ensure your well-being, and that of your loved ones, in the event of your death. Don't wait until it's too late; speak with a qualified attorney today to create a will.

The Probate Process in Colorado

30 Apr, 2024
The Probate Process in Colorado

When and How Often Should You Update Your Estate Plan?

By Dan McKenzie • 04 Apr, 2024
The most common questions we get about estate planning are when to start it and how often to update it. Learn more about how we advise our clients on these questions here.

The Importance of Estate Planning: Avoiding Probate and Protecting Your Assets

By Dan McKenzie • 29 Mar, 2024
Proper estate planning is not just about saying who gets what when you die. Done correctly, it can help you avoid court and maintain privacy.

Understanding Probate in Colorado: The Guide to Timelines, Steps, and What to Expect

By Dan McKenzie • 28 Feb, 2024
If you have recently lost a loved one, you might find yourself participating in a probate process, either as the executor or a beneficiary. Learn more about what to expect from that process here.

Sharing Your Estate Plan: A Delicate Balance

By Dan McKenzie • 04 Feb, 2024
One of the most common questions we receive is whether or not to share the details of an estate plan with adult children. This decision is personal and can have far-reaching implications for the individual and their family. The Benefits of Sharing Your Estate Plan Sharing your estate plan with your adult children can be beneficial. Doing so allows the family to discuss the plan's details, including what needs to be done in the event of incapacity or death. This open communication can help set expectations and facilitate a smooth estate administration process. A discrepancy between the plan and what the family expected is one of the most significant sources of tension and difficulty during the estate administration. It can be helpful to identify and resolve the discrepancy while the person who can change the plan can either still do so or explain why they designed the plan the way they did. Our firm generally recommends communication with fiduciaries and beneficiaries about the plan. However, communication does not necessarily mean sharing the complete draft of the estate plan. The Risks of Sharing Your Estate Plan While there are benefits to sharing your estate plan, there are also potential drawbacks. One of the main concerns is that sharing the estate plan can create difficulties if the plan is changed after it has been shared. This can be particularly problematic if any of the beneficiaries of a previous plan will receive less from the new plan. Another risk is the possibility of inconsistent plan drafts circulating after death. This can lead to confusion and potential disputes among beneficiaries. Suggestions for Communicating Your Estate Plan Given these considerations, here are some suggestions on how to best communicate the details of your estate plan: Maintain a Record : Record what has been shared, who it has been shared with, and when it was shared. This can help ensure everyone is on the same page and minimize potential misunderstandings. Share Digital Copies : Consider sharing digital copies of your estate plan, accompanied by a cover letter or mark reminding everyone that the plan can change. This can help mitigate the risk of outdated drafts circulating. Provide a Summary : Instead of sharing the entire plan, consider providing a summary. This can give your family a general idea of your intentions without divulging all the specifics. Again, include a disclaimer that the plan can change. Remember, every situation is unique, and what works for one family may not work for another. It’s essential to weigh the benefits and risks before sharing your estate plan. As always, we’re here to help guide you through this process. Please note that this blog post is intended for informational purposes only and does not constitute legal advice. Always consult a qualified estate planning attorney for advice on your situation.

Contesting a Will in Colorado: A Simple Guide

By Dan McKenzie • 29 Dec, 2023
If you are unhappy with the terms of a will, you may have the right to challenge it in court. However, contesting a will is not easy and requires certain legal grounds and procedures. This blog post explains the basics of how to contest a will in Colorado, including who can do it, what reasons are valid, and what steps are involved.

What to Do If You Think Your Trustee Is Not Doing Their Job Right

By Dan McKenzie • 26 Dec, 2023
Explore the essential steps to take when a trustee is not fulfilling their duties effectively. This guide provides practical advice on identifying trustee shortcomings and the legal actions available to address them. Ensure your trust is managed properly with our expert insights on trustee responsibilities.

What is the Formal Probate Process in Colorado and When Do You Need It?

By Dan McKenzie • 24 Dec, 2023
The blog post outlines the formal probate process in Colorado, detailing when it's necessary and the steps involved. It serves as a guide for individuals navigating the legalities of estate management after a loved one's passing. The content is informative and designed to assist users in understanding the complexities of probate law in Colorado.

How to Start an Informal Probate Process in Colorado

By Dan McKenzie • 24 Dec, 2023
Discover the straightforward steps to initiate an informal probate process in Colorado with our concise guide. Learn what information is required for the application, including personal details of the decedent and your connection to the estate. Understand the importance of meeting the time limits for filing and find out how to navigate the process without a court hearing, all explained in simple terms. Ensure a smooth probate journey with our expert insights on Section 15-12-301 of the Colorado Probate Code.

What To Do With the Will of Someone Who Has Passed Away in Colorado

By Dan McKenzie • 21 Dec, 2023
What happens to the Will of someone who has passed away in Colorado? Learn about the custodian’s duty to deliver a will promptly and to the correct probate court, ensuring your loved one’s wishes are honored. Discover the importance of acting swiftly and accurately in the probate process to preserve legacies and avoid legal repercussions.
More Posts
Share by: