Living together without marriage is increasingly common, especially in vibrant urban areas like Raleigh, North Carolina. While cohabitating couples enjoy many of the emotional and financial benefits of traditional relationships, they don’t automatically receive the same legal protections. This makes Raleigh estate planning a vital step in protecting your partner, property, and future.
In North Carolina, if one partner in an unmarried couple passes away or becomes incapacitated without proper legal documents, the surviving partner has no inherent rights to make decisions or inherit assets. Courts follow state laws of intestacy, which favor blood relatives and legal spouses, not long-term partners.
To protect your partner and preserve your wishes, key documents should be in place:
- A Last Will and Testament: This ensures your partner inherits assets you intend to leave to them. Without a will, property may go to parents, siblings, or other relatives.
- Health Care Power of Attorney: If you’re hospitalized or unable to communicate, this document lets your partner make medical decisions on your behalf.
- Durable Financial Power of Attorney: This gives your partner access to manage your finances during incapacity.
- A Living Will: States your preferences about life-sustaining treatment and end-of-life care.
Raleigh estate planning can also include strategies to ensure your shared property passes smoothly. This might involve changing how titles are held, setting up joint tenancy with rights of survivorship, or naming your partner as a beneficiary on retirement accounts and insurance policies.
If you and your partner are raising children together, additional planning is critical. North Carolina law may not automatically recognize your partner’s parental rights if they are not a legal parent. Naming a guardian and addressing custody through estate documents ensures your children remain in the care of the person you trust.
Another consideration for cohabiting couples is financial planning and asset protection. If you’ve been together for years, your finances may be deeply intertwined. Without a clear estate plan, disagreements between surviving partners and extended family members can lead to emotional and legal turmoil.
Raleigh estate planning provides clarity and reduces uncertainty, giving you both control over your future. At Eldreth Law Firm, we understand the nuances of modern family structures. We tailor each estate plan to fit your specific relationship, property ownership, and long-term goals.
Our approach is respectful, inclusive, and focused on long-term solutions. We work with clients to establish protections that reflect their values and avoid unnecessary legal battles.
If you’re living with a partner and want to ensure your life together is legally secure, now is the time to act. Contact Eldreth Law today to learn how Raleigh estate planning can help protect what you’ve built—without needing a marriage certificate.
