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I am 67 years old. I have been living with my girlfriend for 25 years. Together we only own a mobile home, a truck, life insurance, bank account, and a large amount of personal property. Should we make an estate plan or living trust for our children’s sake?
20 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Make wills. The trust is probably overkill (but talk to your estate planning lawyer about this). Your girlfriend will have no rights in your estate unless you provide for her in a Will.
Answered on May 29th, 2013 at 5:28 AM
Absolutely. If you do not, the laws of the State will determine who gets what and it probably would not be according to your wishes.
Answered on May 28th, 2013 at 12:07 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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You don't need a living trust, but having wills is generally a good idea.
Answered on May 28th, 2013 at 12:06 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you each have separate children and want individual property to go to each other's children, you should have an estate plan with a trust, if necessary for disposition of each individual property.
Answered on May 28th, 2013 at 11:15 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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You should definitely make an estate plan. What happens if your girlfriend dies first and then you die shortly thereafter. All the joint assets would have to go through probate. In Missouri, you can have payable on death in regard to the bank accounts, transfer on death in regard to the mobile home and truck, have your children as the contingent beneficiaries on the life insurance. However, you still need durable powers of attorney should you become incapacitated. Please discuss with an attorney. Find one that will not charge for an initial consultation.
Answered on May 28th, 2013 at 9:58 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You don't have a complex estate, but you could use some professional advice to make sure that your assets pass to the people you want to receive them, instead of letting the law of intestacy decide instead. A properly done will would get this accomplished.
Answered on May 28th, 2013 at 9:58 AM
Everyone should have a will and documents designating power of attorney for health care and financial matters. If you and your girl friend live in a state that doesn't acknowledge common law marriages (most states), she won't inherit anything from your estate and you won't inherit anything from hers unless you own the property as joint tenants. Heath care facilities and providers can deny each of you the right to make decisions when the other one can't (after a car accident or during a serious illness, for example). You may not even be allowed to receive the body and make funeral arrangements after your girlfriend dies. Take care of this immediately for yourselves, as well as for your children.
Answered on May 28th, 2013 at 9:57 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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It depends on who you want to have the items. If you don't do it right and you want her to have something and you don't do it, she will get nothing you should consult an attorney and do it right
Answered on May 28th, 2013 at 9:57 AM
Employment Law Attorney serving Dana Point, CA
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Mains Law Office
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Yes. There is no common law marriage in California and since you have children from different relationships, it would be wise to have an estate plan or at least have an attorney review how you are holding title to the various to the assets listed below. The transfers will occur more expeditiously and without court involvement.
Answered on May 28th, 2013 at 9:10 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes, for the sake of your children and of each other.
Answered on May 28th, 2013 at 12:08 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You should both have wills. You don't have enough of an estate to really worry about setting up revocable living trusts.
Answered on May 28th, 2013 at 12:02 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Yes, you should. Your unmarried partner has no rights over your estate unless you plan. Talk to an estate planning attorney.
Answered on May 28th, 2013 at 12:01 AM
2 Awards
Your children are your heirs so if you want your children to inherit, that is what will happen whether or not you have a will or trust. That said, if you want your girlfriend to be taken care of in any way, including being able to stay in the house after you are gone, a will or trust is recommended.
Answered on May 28th, 2013 at 12:00 AM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Probably should just have a will. It appears you don't own enough property that it would make sense to do anything more expensive. But you should go over all of this with an attorney.
Answered on May 27th, 2013 at 10:48 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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An estate plan certainly would be helpful for your children to carry out your wishes after death.
Answered on May 27th, 2013 at 10:42 PM
It will not hurt to talk to an attorney.
Answered on May 27th, 2013 at 10:39 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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I would because she she doe not have nay marital rights in any property which is yours.
Answered on May 27th, 2013 at 10:34 PM
Yes, you need an estate plan to protect each other and your children. You should consult an estate planning attorney.
Answered on May 27th, 2013 at 10:27 PM
3 Awards
You should meet with an attorney to address your options. Without knowing what you want to have happen when one of you dies, it is difficult to advise you.
Answered on May 27th, 2013 at 10:24 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need to make an estate plan for YOUR sake, before worrying about the kids. Your situation is screaming out for planning. Without it, your wishes may not be honored.
Answered on May 27th, 2013 at 10:14 PM