Unintentional Disinheritance: Protecting Your Loved Ones

Estate planning is a nuanced process that, if not navigated carefully, can result in the unintentional disinheritance of loved ones. This includes not only family members by blood or marriage but also fiancés, who often occupy a significant yet legally precarious position in one's life. This blog post will explore how unintended disinheritance can occur and provide insights on avoiding these pitfalls, ensuring your assets are distributed according to your wishes.

Common Pitfalls Leading to Unintentional Disinheritance

Neglecting to Include Fiancés in Estate Plans: Often, individuals make the mistake of assuming that their estate will automatically pass to their fiancé upon their death. However, without a legal marriage, fiancés do not have the same rights as spouses under intestate succession laws or even under many wills and estate plans. This oversight can result in unintentional disinheritance.

Outdated Estate Documents: Changes in relationships, such as an engagement, are not automatically reflected in existing estate documents. Without updating your will or estate plan to include your fiancé, they may be left without any legal claim to your assets.

Inconsistent Beneficiary Designations: Assets with designated beneficiaries, like retirement accounts and life insurance policies, bypass the will. If these designations are not updated to include your fiancé, they might not receive the intended benefits.

Lack of Legal Documentation for Unmarried Couples: Without the legal protections marriage provides, unmarried couples, including engaged ones, must take extra steps to protect each other's interests. This often involves creating comprehensive estate plans that explicitly outline their wishes.

Strategies to Prevent Unintentional Disinheritance

Explicitly Include Fiancés in Your Estate Plan: To ensure your fiancé is not unintentionally disinherited, clearly include them in your will and estate plans. Specify the assets or portions of your estate you wish them to receive, bearing in mind that these designations should be revisited and potentially revised upon marriage.

Regular Estate Plan Reviews and Updates: Life changes such as engagements, marriages, divorces, and the birth of children necessitate revisions to your estate plan. Regularly reviewing and updating your documents ensures they align with your current life situation and wishes.

Coordinate Beneficiary Designations: Ensure that your beneficiary designations on policies and accounts reflect your current relationship status and intentions, including any commitments to a fiancé.

Consider a Trust: For those in non-marital relationships, a trust can be an effective tool for ensuring that assets are distributed according to specific wishes, providing legal protection and clarity for relationships not automatically recognized under law.

Legal Agreements for Unmarried Couples: Unmarried couples, including those engaged, can benefit from legal agreements that outline asset distribution and care decisions, providing a layer of protection and certainty for both partners.

Consult with an Estate Planning Attorney: Given the complexities surrounding estate planning, especially for non-traditional or evolving relationships, consulting with an estate planning attorney is crucial. They can offer tailored advice and ensure your estate plan reflects your wishes accurately, including provisions for your fiancé.

While the joy of engagement is a celebration of a future together, it's crucial to safeguard this future through careful estate planning. Unintentional disinheritance can have significant emotional and financial consequences, particularly for fiancés who might find themselves unexpectedly excluded.

To protect your loved ones and ensure your estate is distributed as you intend, it’s advisable to take proactive steps in updating your estate plan to include your fiancé. Contact the attorneys at the Ament Law Group today for expert assistance in crafting an estate plan that reflects your current life circumstances and relationships, ensuring that no loved one, especially your fiancé, is unintentionally disinherited. Our team is dedicated to providing you with the peace of mind that comes from knowing your estate plan is comprehensive, up-to-date, and reflective of your wishes.