Klenk Law

Wills and Unmarried Couples

Will Lawyer Allentown, PACreating a will is an important task to complete and a will lawyer Allentown, PA community members rely on can make the process easier. It is often difficult to think of creating a will because it forces you to think about a time when you won’t be alive. However, if you do not create a will, your wishes may not be considered. This can affect who receives your property, who will take care of your minor children, or even how you’d like to be laid to rest.

An essential factor to consider when writing a will is if you are in a committed relationship with someone who is not your legally recognized spouse or partner. It could be a disaster for your loved one if you die without a will stating what they are to receive. Without a will or a legally recognized marriage, your property may be given to your blood relatives instead of your partner. This can even include the house they are living in and had lived in with you while you were still alive. To prevent this from happening, you should consider contacting a will lawyer in Allentown, PA from Klenk Law. Our legal team can guide you through the process of creating a will so your wishes can be followed.

Common Law Marriage

There is an urban myth that regardless of where you live in the US if you live with your partner for seven years you’re automatically legally married. This is not the case. Only 15 states and Washington, D.C. view common law marriage as valid, but they have strict guidelines. For your partnership to be recognized as a common law marriage, the two of you must act as though you are married. A will lawyer Allentown, PA residents turn to from our firm can clarify how the law applies in your circumstances, but it could mean you will need to do the following:

  • Use the same last name
  • Refer to one another as spouses
  • File joint income tax returns

If your common law marriage is valid, your common-law spouse would be able to inherit your belongings as though you were a legally married couple. However, laws are always in flux, so consult an Allentown will lawyer from Klenk Law for the most current and pending legislation that could affect your situation.

Living Together Contract

Most states recognize a living together contract. This contract is a written agreement between both parties in the unmarried couple that states possession of the property and other belongings. It can help ensure that property is left to the living party according to whatever decision the couple makes. A living together contract does not replace a will but might avoid probate. Talk to a will lawyer Allentown; PA couples trust from our legal team to discover if this solution will meet your needs.

Protect Your Partner’s Rights

If you are in a committed relationship but you are not married, you will want to take action to protect your partner after your death. Otherwise, a blood relative may be able to prevent your partner from inheriting your property. You should consider taking these steps with the help of a will lawyer Allentown, PA locals recommend:

  • Create a will that states your partner is to receive whatever you would like them to inherit.
  • Name your partner as the beneficiary of your life insurance policies.
  • Establish a trust that transfers your property to your partner while incurring minimal taxes.

To truly protect your partner after your death, an efficient way is to create a will. The lawyers at Klenk Law have over 25 years of experience creating wills. Call Klenk Law at 484-224-3051 to help ensure your loved one is protected with the help of a will lawyer Allentown, PA offers.

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