March 2024.
Q: I’m not married to my partner. I have kids from my marriage. Why do I need a will? Won’t everything just go to my kids, since my partner and I aren’t married?
A: As of last year, your “domestic partner” becomes like a spouse, and will get half of your estate if you don’t have a will. Your “partner” might be your “domestic partner” if you have agreed “to be in a relationship of mutual interdependence in which each individual contributes to the maintenance and support of the other individual and the relationship, even if both individuals are not required to contribute equally to the relationship.” That agreement might be substantiated by an affidavit signed by you and your partner, but doesn’t have to be, so it’s best to avoid the whole issue and just sign a will. That eliminates your partner’s rights and the whole issue. While I’m sure your partner would honor your intentions, your partner’s children might not even know about those intentions, and if your partner is in a nursing home when you die your partner’s creditors and the Maryland Department of Health might be seeking funds from your estate to pay for your partner’s care.
Q: I’ve heard that spouses have rights to take from my estate when I die, even if my will leaves everything to my kids. I’ve heard that new laws treat domestic partners like spouses. I’m not married to my partner, and I want to leave everything to my kids. Do I have an issue?
A: As of right now, domestic partners are not treated like spouses for the purpose of electing against the will to receive part of the estate left to the kids, so as long as you have a will leaving everything to your children, all should proceed according to your plans.
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Attorney Tim Barkley
The Tim Barkley Law Offices
One Park Avenue
P.O. Box 1136
Mount Airy
Maryland 21771
(301) 829-3778
Wills & Trusts | Estate Planning | Probates & Estates
Elder Law | Real Estate | Business Planning