QUESTION
Do I need to change my will if I have a civil union?
Asked on Sep 23rd, 2013 on Estate Planning - South Carolina
More details to this question:
I'm in my late 70’s and thinking about having a civil union. Don't want anything to change in my will even after I do that. Do I need to make a change in my will specifying that even if I get married I still want to leave everything to my children?
13 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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In order to leave everything to your children and not your spouse, if you should choose to get married, you would need to do more complex estate planning beyond a simple will. A legal surviving spouse can always elect to take against the will and inherit a percentage of assets. You can prevent that by executing a trust and provide that only the children inherit. You should talk to an estate planning attorney to discuss this in further detail and talk to you about your specific situation. Good luck!
Answered on Sep 26th, 2013 at 9:10 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes. See a lawyer about this. It is interesting that you use the term "civil union" instead of "domestic partnership " are you in Oregon? This whole question of marriage, civil union, same-sex marriage, it's all totally up in the air at this point and a very, very careful plan needs to be put together.
Answered on Sep 26th, 2013 at 5:08 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes. You definitely need to clarify your intent. Even if you do this, marriage could affect the terms of the Will. You may need to consider a pre-nuptial agreement or a trust.
Answered on Sep 25th, 2013 at 1:12 PM
Yes, you should update your will. Better yet, you should have a trust to avoid probate.
Answered on Sep 25th, 2013 at 1:04 PM
Thomas Edward Gates
The laws of the state determines whether your civil union gives anything for the "forgotten spouse." Otherwise, there is no need to modify your will.
Answered on Sep 25th, 2013 at 1:04 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes. This is critical; you need to be very careful here. Please obtain the assistance of a probate lawyer to amend your will to reflect what is happening with the potential of entering a civil union and the future distributions to your children.
Answered on Sep 25th, 2013 at 12:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It wouldn't hurt to change the will. Your bigger problem is that your spouse may have rights to your property despite the will. Therefore, you probably need to consider a pre-nup before entering into the civil union.
Answered on Sep 25th, 2013 at 11:41 AM
2 Awards
You should make mention in a codicil to your will but in addition you will need to keep all of your property separate so your partner has no claim to it.
Answered on Sep 25th, 2013 at 10:22 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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You need to talk with an estate planning attorney. Civil union? is marriage for Illinois law purposes. This means that your civil union spouse can renounce your Will and take a forced share and that your civil union spouse has all of the rights of a married spouse.
Answered on Sep 25th, 2013 at 9:48 AM
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Yes, but you should get a prenuptial agreement because spouses are provided rights in Nevada regardless of what the Will says, unless there is a prenuptial agreement. If your probate estate is under $100,000 it all goes to your spouse in Nevada regardless of what your Will says. Consider a prenuptial agreement to avoid surprises, also this can prevent Medicaid issues,. Speak to an attorney about your next steps. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 25th, 2013 at 9:47 AM
It's always good to update a will when you have a major change in your life. However, you may be able to add a codicil to your will addressing this issue rather than drafting an entirely new will.
Answered on Sep 25th, 2013 at 8:11 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Please make the change to your will. If your civil union is recognized under the probate code with your partner being your spouse, the partner could elect to take against the will and get a share of your estate.
Answered on Sep 25th, 2013 at 7:59 AM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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From your question, I assume your intending to be married by a justice of the peace, Notary Public or some other official authorized to perform weddings who is not part of a church or religion. A marriage, whether performed in a church or a civil ceremony or even a common-law marriage gives to a spouse certain rights to inherit from their spouse. There are numerous ways to avoid this outcome, but, you need to see an attorney or your spouse will have the option of claiming that portion of your estate at your death. These steps need to be taken before you are married as it is much more difficult to accomplish your goal after marriage.
Answered on Sep 25th, 2013 at 7:57 AM