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  • By: Deborah Lesko, Esq.
Financial advisor discussing estate planning and wills with an unmarried couple in Pennsylvania.

In this article, you can discover…

  • The value and importance of estate planning for unmarried couples.
  • Legal protections to have in place to protect your shared life.
  • How an attorney can help unmarried couples better plan for the future.

What Makes Estate Planning For Unmarried Pennsylvania Couples Especially Important?

It has always been important for unmarried couples to plan their estate carefully. And while Pennsylvania law makes provisions to ensure a surviving husband or wife is cared for (even if there was no estate plan in place), no such legal protections exist for unmarried partners.

Cohabitation agreements can help answer these questions. These are legally binding documents for unmarried couples that help define financial responsibilities, property rights, and what should happen to assets if the couple splits up or one partner passes away. Think of it as a prenuptial for an unmarried couple.

I’ve helped many unmarried couples draft such agreements, and these documents can really help protect a surviving partner, add much-needed clarity, and legally safeguard a non-marital relationship.

What Is The Process For Legally Protecting My Shared Life With My Non-Marital Partner?

The first step is for you and your partner to meet with an experienced estate planning attorney.

When you meet with me, I’ll help you identify your assets, determine how they’re titled, and establish whether there are joint owners. Next, we’ll map out your financial arrangements, such as who contributes to rent, a mortgage, a car payment, or any other household expenses.

This can be a fluid process, and your estate plans should be reviewed regularly to see if any changes are needed. Case in point, if you’ve only been living together for a few months, your estate plans may look very different in five years, ten years, or once you have a child together.

Next, I’ll draft tailored legal documents to help protect your life together and ensure your future has the legal safeguards it needs.

Which Types Of Documents Can Best Protect Unmarried Partners?

Wills and cohabitation agreements are both critical and will help protect unmarried couples, especially if one partner should pass away.

For example, I’ve seen cases where the boyfriend owns a house and the girlfriend contributes to half of the mortgage and upkeep, but her name’s not on the property. If he should pass away, without a cohabitation agreement and estate plans in place, she has no legal right to that property and no right to even stay there until she finds a new place to live.

Keep in mind that both estate plans (such as a will) and cohabitation agreements are needed. A will can be changed at any time, with or without the other party’s knowledge or consent.

Imagine a scenario where a girlfriend was initially included in her boyfriend’s will, but for some reason, his opinion of her soured, and he quietly changed his will to exclude her without her knowing. Once he passes away, she’s shocked to learn she is left with nothing and has to move.

But cohabitation agreements can help prevent these situations. They’re legally enforceable contracts that must be complied with, and can cement clear expectations concerning assets. For further protection, property deeds can also be updated to include both of your names, ensuring that family members can’t drive out a surviving partner.

Still Have Questions? Ready To Get Started?

For more information on estate planning for unmarried partners in Pennsylvania, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (412) 276-4200 today.

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