Why a Will Can Be Especially Important for Unmarried Couples in Maine

You may have been together for 5, 10, 20 years or longer. You may share a home, expenses, pets, belongings and a life together.

But if you are not legally married, have you thought about what would happen to your partner if something happened to you?

Estate planning is important for everyone. However, it can be especially important for unmarried couples. Without proper planning, your partner may not have the legal protections you expect.

Maine Does Not Recognize Common-Law Marriage

One common misconception is that living together for a certain number of years makes you legally married.

Maine does not recognize common-law marriage. Simply living together for many years does not automatically make an unmarried couple legally married.

There is an important distinction to keep in mind. Maine law recognizes registered domestic partnerships. The Maine Probate Code also includes registered domestic partners in its definition of a spouse.

As a result, a registered domestic partner may have rights that another unmarried partner does not have.

Every couple's situation is different. It is important to understand how Maine law applies to your relationship.

What Happens If You Do Not Have a Will?

When someone passes away without a valid Will, Maine's intestacy laws may determine who receives property from the estate.

If there is no surviving spouse, Maine law generally looks first to descendants. It then looks to parents and other relatives.

For unmarried couples who are not registered domestic partners, this can create an unexpected result.

You may have spent decades building a life together. However, that alone does not necessarily mean your partner will inherit the property you wanted them to have.

Want to learn more? Read What Happens If You Pass Away Without a Will in Maine?

A Will Lets You Put Your Wishes in Writing

A Will allows you to state who you want to receive property from your estate.

This can be especially important for unmarried couples. You may want to leave property to a partner who might not otherwise inherit under Maine's intestacy laws.

This could include:

• Personal belongings
• Family heirlooms
• Furniture
• Collections
• Vehicles
• Money
• Other property that passes through your estate

A properly prepared Will can help make your intentions clear.

New to estate planning? Our Beginner's Guide to Wills & Estate Planning explains what a Will is and why it can be important.

What About the Home You Share?

For many couples, their home is one of their largest assets.

However, living in a home together does not determine what happens to the property when one person dies.

How you own the property can make a significant difference. For example, some forms of joint ownership include a right of survivorship, while others do not.

This is one reason unmarried couples should look at more than their Will.

An estate planning attorney can review how you own your property. The attorney can also help determine whether that arrangement matches your wishes.

Do Not Forget About Beneficiary Designations

A Will is important, but it does not necessarily control everything you own.

Some assets may pass outside your Will. These can include certain life insurance policies, retirement plans and financial accounts.

For unmarried couples, reviewing beneficiary designations can be especially important.

Look at your estate plan as a whole. Your Will, beneficiary designations, property ownership and other documents should work together.

Who Will Handle Your Estate?

A Will also gives you the opportunity to nominate someone to serve as your Personal Representative.

The Personal Representative handles many of the responsibilities involved in settling an estate.

If you want your partner to serve in this role, discuss it with your estate planning attorney.

Choosing the right person is an important decision. Learn more in Who Should You Choose as Your Personal Representative in Maine?

Estate Planning Is About More Than What Happens After Death

Unmarried couples should also think about what happens if one partner becomes sick or injured.

What if you could no longer make financial or health care decisions for yourself?

A complete estate plan can address these situations. Estate planning is not only about what happens to your property after death.

Do not assume your relationship automatically gives your partner the authority you want them to have.

An estate planning attorney can help you understand your options. You can then decide who you want to make certain decisions if you cannot make them yourself.

Talk About Your Plans With Each Other

Estate planning can feel like an uncomfortable subject. However, talking about it now can help prevent confusion later.

Consider discussing these questions with your partner:

• What would you want to happen to your home?
• Who should receive your personal belongings?
• Are your beneficiary designations current?
• Who would you trust to handle your estate?
• Who would you want helping with financial or health care decisions?

You may discover that you have made assumptions about what would happen. Your current legal documents may tell a different story.

Make Sure Your Plan Reflects the People Who Matter to You

Being together for many years does not automatically make a couple legally married in Maine.

For unmarried couples, this can have important consequences when one partner dies. Registered domestic partners may have different rights under Maine law.

An estate plan can help you put your wishes in writing. It can also help you plan for the people who matter to you.

A Will can be an important part of that plan. You should also consider property ownership, beneficiary designations and other estate planning documents.

There are also many misconceptions about who needs a Will and what a Will can do. Read 10 Common Myths About Having a Will in Maine to learn more.

At Aging In Maine, we can help you review your situation. We can also help you create an estate plan based on your wishes, property and the people important to you.

This article is for general educational purposes and is not intended as legal advice. Estate planning laws and individual circumstances vary. Speak with a qualified Maine estate planning attorney about your specific situation.