Navigating Intestate Succession: What Long-Term Partners Receive from an Estate

Losing a loved one is always a challenging experience, and when it comes to handling the affairs of their estate, matters can become even more complex, particularly in cases where no will or estate plan is in place. In such instances, the distribution of assets and property is governed by state laws regarding intestate succession. For long-term partners who were not formally married or included in legal documents, this situation can raise questions and concerns about what they are entitled to inherit.

Understanding Intestate Succession:

Intestate succession refers to the legal process that determines how a deceased individual's assets are distributed when they pass away without a valid will. In the absence of specific instructions left by the deceased, state laws step in to dictate how their estate will be divided among surviving family members.

Challenges for Long-Term Partners:

For long-term partners who were not legally married or officially recognized as next of kin, intestate succession can present significant challenges. In many jurisdictions, the laws primarily prioritize spouses, children, and blood relatives when distributing assets. This means that long-term partners may not automatically be entitled to inherit from their deceased loved one's estate unless certain criteria are met or specific provisions are in place.

Exceptions and Considerations:

While the laws governing intestate succession vary from state to state, there are some exceptions and considerations that may benefit long-term partners:

1. Common Law Marriage: In states that recognize common law marriage, long-term partners who have lived together and presented themselves as a married couple may be treated as legal spouses for inheritance purposes, even without a formal marriage certificate.
2. Joint Ownership: Assets held jointly or with survivorship rights automatically pass to the surviving owner outside of the probate process. Long-term partners who jointly own property or assets with the deceased may retain ownership rights following their partner's death.
3. Domestic Partnership Registration: Some states allow couples in committed relationships to register as domestic partners, granting them certain legal rights and benefits, including inheritance rights similar to those of married couples.
4. Expressed Intent: In cases where there is evidence of the deceased's express intent to provide for their long-term partner, such as written statements, beneficiary designations, or financial arrangements, courts may consider these factors when determining the distribution of assets.

Seeking Legal Guidance:

Given the complexity and variability of intestate succession laws, long-term partners are strongly advised to seek legal guidance to understand their rights and options. Consulting with an experienced estate planning attorney can help partners navigate the intricacies of intestate succession, identify any available legal remedies, and ensure their interests are protected.

Planning for the Future:

While it's essential for long-term partners to address immediate concerns related to intestate succession, it's equally important to plan for the future by creating comprehensive estate plans. This may involve drafting wills, establishing trusts, designating beneficiaries, and making provisions to safeguard the interests of long-term partners and other loved ones.