It is surprisingly easy for people to justify estate planning procrastination. Most adults convince themselves that they have all the time in the world to put documents together. They may also trust in the good nature of the people that they love.
What they may not understand is that estate administration can easily bring out the worst in others. Additionally, people may struggle to recall details from prior conversations during times of intense stress, such as when they experience grief.
Certain situations make estate planning especially important, including having a long-term romantic partner who is not a spouse. A girlfriend, boyfriend or long-term partner may not have any legal protection without an estate plan.
Laws focus on biological and legal connections
Oregon has statutes in place describing what should happen to property if a person dies without a will. Intestate succession laws allow for the distribution of property during probate proceedings after someone dies without an estate plan.
The law focuses on legal and genetic relationships. Spouses, children and parents are among those likely to inherit from an estate when a person dies without a will. An individual who has maintained a decades-long romantic relationship with another person could leave their partner with very little protection if they die unexpectedly without a will.
Proper estate planning provides an opportunity to establish one’s own wishes instead of deferring to intestate succession statutes. The testator can clearly explain what they want their partner to receive and what assets their family members should inherit.
Sitting down with an attorney can help people protect their loved ones. A will and other estate planning documents can be important for those who have not married their romantic partners and want to ensure their protection after their passing.