People who have life partners in California may need to do some specific estate planning to make sure their wishes are carried out. It makes a difference for your estate plan whether you are in a registered domestic partnership or simply life partners.
Registered Domestic Partnership
If you are in a registered domestic partnership, then you have certain rights to pass on property to your partner even if you do not make a will. First, you must meet the requirements to register your domestic partnership with the Secretary of State. For example, you should share a residence, be responsible for each other’s living expenses, and be members of the same sex or over age 62.
Registered domestic partners can inherit property from their partners, be beneficiaries of trusts, act as agents for powers of attorney or advance directives, and be estate executors. If a partner in a registered domestic partnership passes away without making a will, then the surviving partner can inherit all or part of the estate. (See Cal. Probate Code § 78.)
If the deceased partner was not survived by children, grandchildren, parents, siblings, or descendants of a deceased sibling, then the surviving partner will inherit the entire estate. If there are surviving children or other relatives, then the surviving partner will inherit one-half of the estate or less, depending on the circumstances. (See Cal. Probate Code § 6401.)
Life Partners (Unmarried and no Registered Domestic Partnership)
If you do not have a registered domestic partnership and are not married, then you must take care to plan your estate so that your life partner can inherit. California does not recognize common-law marriage (although it may recognize a common law marriage formed in another state). That means that no matter how long you have been with your partner, you do not have the same rights as married spouses or registered domestic partners when it comes to estates.
Without a will and/or other estate planning documents specifying your partner as a beneficiary, your partner will inherit nothing from your estate at all. You must sign a will or designate your partner as a beneficiary if you want him or her to inherit. Otherwise, your children, parents, and other relative receive the estate.
If you and your life partner jointly own property, then estate planning is even more of a priority. You need to settle what happens to this property if one of you should pass away. Further, you and your partner should consider signing advance directives and medical powers of attorney to give each other the right to make medical decisions if one partner is incapacitated. Otherwise, you may not even have access to the hospital room while parents or other relatives are called on to decide.
Planning your estate? Look to Janet Brewer, Esq. for thorough and thoughtful estate planning advice. Janet’s more than 20 years of legal experience will give you confidence and peace of mind. To schedule a “Get Acquainted” meeting, visit Janet’s website or call her office at (650) 469-8206.
