Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Estate Planning for Unmarried Couples

By Joshua S. Rubenstein
October 06, 2005

More couples than ever are choosing to live together without benefit of marriage. Some simply reject the institution. Some are same-sex partners who cannot marry in New York or most other states. Others have been married previously and do not wish to jeopardize their separate governmental entitlements or to create marital rights that might conflict with their ability to control their separate property.

In light of the growing number of committed unmarried couples and the mounting questions over which, if any, “benefits of marriage” should be made available to them, a re-ex-amination of basic estate planning principles under existing law would seem timely, if not overdue. In particular, from the planner's perspective, it is relevant to contrast the pitfalls and opportunities that are currently presented.

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.