Unmarried Couples and Estate Planning. Does It Make Sense?

Mushkatel, Gobbato, & Kile, P.L.L.C. | Estate Planning
Our Peoria estate planning lawyers discuss estate planning for unmarried couples.
On This Page
[ hide ]

    The reality in the United States today is that more and more couples are deciding to live together without getting married. The U.S. Census confirmed this fact when its data showed that the number of live-in couples in the United States rose by 25 percent from 2000 to 2010. The lack of a marriage license does not mean that a live-in couple does not have shared assets or have a real emotional or financial stake in making decisions for significant others should they become sick or incapacitated.

    Does Estate Planning Make Sense For An Unmarried Couple?

    Absolutely. Just know that estate planning issues for unmarried couples can be more complex than those same issues are for married couples.

    For instance, if a married spouse dies, the surviving spouse typically will inherit the house they mutually owned. That is not necessarily true for a live-in couple, even if they lived in the same house for decades. If the house has not been properly titled or if the partner who owned the house failed to specify in his or her will that the house will pass to the surviving partner, that partner may be superseded by the biological family of the deceased partner.

    If you are unmarried and living together, you need to be vigilant to make sure your assets will pass to your partner. Naming your partner as the beneficiary of all of your pensions, retirement accounts, and insurance policies is essential. And, once again, a properly drafted will or trust may ensure that your assets pass to your partner and not to a blood relative of higher statutory authority.

    Arizona Does Not Recognize Common Law Marriages

    Some states recognize common-law marriages, but Arizona is not one of those states. Do not assume that if you have lived together for a substantial length of time that your assets will be protected. If you are a gay or lesbian couple legally married in another state, know that Arizona will not recognize your marriage because same-sex marriages are still not legal in Arizona.

    If you are an unmarried couple and have questions about how to protect your assets, contact the estate planning attorneys at the law firm of Mushkatel, Gobbato, & Kile, P.L.L.C. in Phoenix. Call us at (480) 467-3434 or contact us online today to set up a consultation with one of our experienced and knowledgeable attorneys.

    Visit Our Sun City Estate Planning Law Offices

    attorney image

    About the Author

    Zachary Mushkatel

    Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.