Estate Planning in New Jersey for Unmarried Couples

Fewer adults are getting married than they used to, according to the Pew Research Center. While nearly 40 percent of adults are now living without a romantic partner altogether, there has also been an increase in the number of couples who cohabit and share lives without getting married. There are many different reasons that unmarried couples decide to forego marriage. Some were married previously and do not want to enter into a legal relationship again. For others, there are sociocultural, professional, and ideological factors that affect their decisions. Regardless of the reason that an unmarried couple has decided to remain unmarried, it is important to understand how that decision can impact estate planning.

Most significantly, unmarried couples do not have the same legal protections that married couples have, so estate planning is especially crucial. Our Summit estate planning lawyers can provide you with more information about the key aspects of estate planning for unmarried partners in New Jersey.

Without Estate Planning, Your Partner Will Not Inherit Anything 

If you do not take any steps toward estate planning — meaning that you do not have a will, and you have not made any beneficiary designations on assets or accounts or trusts — your partner will not inherit any of your assets. Instead, without a will or any other estate planning tools in place, all of your assets will be distributed according to New Jersey’s laws of intestate succession. Under those laws, only a surviving spouse, children and descendants, parents, and siblings can inherit. You can ensure that your partner is able to inherit some or all of your assets in the event of your death, however, by creating one or more of the following documents or tools available under New Jersey law:

• Will;
• Beneficiary designations; and/or
• Trusts.

Given that long-term partners cannot inherit from one another under intestacy laws in New Jersey, it is critical to have a will in place, and to ensure that your partner has been designated as your beneficiary on life insurance policies, bank accounts, and other assets that allow beneficiary designations.

Ensuring Your Partner Can Be Involved in Your Medical Care 

Similar to the way in which an unmarried partner cannot inherit without appropriate estate planning documents and tools in place, an unmarried partner also cannot access your medical records, make medical decisions on your behalf, or otherwise be involved in your medical care without the appropriate documents on file. You should work with an estate planning lawyer to ensure that you have the following, if you want your partner to have these capabilities:

• Health Insurance Portability and Accountability Act (HIPAA) authorization form granting your partner permission to access your medical records; and
• New Jersey Proxy Directive, also known as a Durable Power of Attorney for Health Care, naming your partner as your agent and authorizing them to make health care decisions on your behalf in the event you become unable to do so for yourself due to incapacity.

Contact a Summit Estate Planning Lawyer 

If you have any questions about estate planning in New Jersey, or if you are ready to begin working on your estate plan, one of the experienced Summit estate planning lawyers at Dempsey, Dempsey & Sheehan can speak with you today. We can answer any questions you or your partner have about estate planning documents and tools in New Jersey, and we can begin helping you to ensure that you develop the necessary legal protections for one another in the event that the unexpected occurs. Contact us today to find out more about how we can assist you.

Sources:

pewresearch.org/social-trends/2021/10/05/rising-share-of-u-s-adults-are-living-without-a-spouse-or-partner/

law.justia.com/codes/new-jersey/title-3b/

nj.gov/health/advancedirective/ad/forums-faqs/