Today, “family” means nearly any construct of people. Perhaps the most prolific family ‘type’ in modern times has been the unmarried couple whocohabitate throughliving together outside of a formal maritalrelationship. The people we lovingly say are “shacking up.”
It’s pretty common for people to look at living together as the next logical step in the progression of their relationship. You date – then you live together – and, later, if it has all worked out, you’ll think about marriage. Or not. You and your significant other sign a lease, buy some furniture and make a home. Sounds perfect, right? Not so fast. Without even really thinking about it, you’re putting each other at terrible legal risk.
Just think of a typical scenario like, a young woman seeking help because her longtime boyfriend recently died unexpectedly in a tragic accident. In a matter of minutes, their lives went from happily cohabitating to abruptly over.
Her boyfriend was a young, up-and-coming professional. He made good money and was passionate about his career. His employer had an accidental death life insurance policy and the young man owned various personal items and some real property. First question: did the young man have a will? Answer: no.
Unfortunately, in the State of Texas, in a situation like this, the surviving girlfriend/boyfriend/fiancé often has no legal right to the decedent’s property. The law provides that when someone dies without a Last Will & Testament, the decedent’s surviving family members inherit their property. Though the young man treated and considered his girlfriend as his family, in the eyes of the law, she is not. She has no rights of inheritance from him and his parents inherit all of his property. Literally, she is left with none of his property.
The reality is simple: the law has yet to identify unmarried persons as “family” for purposes of inheritance. To truly protect your girlfriend/boyfriend, you should either have a Will, identify yourselves as common-law spouses, or become formally married. Only those 3 scenarios will provide your loved one with the legal rights that will protect your partner. Working with an Attorney to create a simple estate plan is one of the simplest way of ensuring everyone is protected and your wishes are memorialized.
If you are looking for more information regarding creating a customized estate plan Weldy Law, PLLC can help! Call us today 806-928-2087.
The above blog is for informational purposes only and is not legal advice nor does any information or communication with this website create an attorney-client relationship.