I just finished handling the probate of an attorney who passed away without a will. He had a longtime partner, but they never married. Because there was no estate plan, my fee alone—over $25,000—could have been avoided with a simple Living Trust and Pour-Over Will.
His partner received nothing. She had to move out of the home they shared, and all of his assets went to cousins he hadn’t seen or spoken to in years.
If they had married, she would have had legal rights to his estate. But they didn’t. “It’s only a piece of paper,” people say. “No need to get married.” The truth is, marriage carries legal weight. Living together doesn’t. You can try to claim a Marvin v. Marvin relationship, but unless there’s clear proof your partner agreed to support you financially in exchange for cohabitation, you’re likely out of luck.
An attorney should have known better. He should have created a Living Trust and named his partner—or whomever he actually wanted to receive his assets. I’m fairly certain he didn’t mean for everything to go to his distant cousins.
If you want to avoid probate and ensure that the people you care about are protected, give me a call. I can help you put a plan in place that works.
