The Perils of an Intestate Succession
If a person dies without a will, a revocable living trust, or any other form of estate plan, they are said to have died intestate.
When adjudicating intestate successions, California probate courts refer to a strict legal formula that privileges close blood relations. Under most circumstances, the only potential beneficiaries in an intestate succession are the deceased person’s legal relatives.
These could include any of the following:
- The decedent’s children
- The decedent’s parents
- The decedent’s siblings
Even if a live-in partner has proof of a long-lasting and legitimate relationship, the probate court cannot legally accommodate an unrelated third party in proceedings. In fact, the deceased person’s nieces, nephews, and second cousins are more likely to benefit from an intestate succession than a long-term boyfriend or girlfriend.
Protecting an Unmarried Partner With an Estate Plan
While intestate succession privileges close relations, California law presumes that every adult of sound mind has the capacity to establish an estate plan.
Ways to Protect the Rights of a Long-Term California Partner
- Naming a boyfriend, girlfriend, or another partner as a beneficiary in your last will and testament
- Delegating the medical and durable power of attorney to protect your physical and financial autonomy
- Establishing a revocable living trust with your partner as an heir
- Bequeathing lifetime gifts to reduce your tax obligations
- Revising your existing beneficiary designations
