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Estate Planning and Cohabitation, Elder Law Attorney, Woodstock, GA

More and more young Americans are choosing not to get officially married, but living together as unmarried couples. This trend creates special needs in estate planning for these couples.

While most Americans who live with a significant other are still getting married, many are choosing not to. For wealthy single people it often makes sense not to get married as marriage would result in a higher tax burden. Others simply do not see a need to get married.

The Wills, Trusts & Estates Prof Blog recently published an article about the special needs these couples have in estate planning. The article titled “Planning for Cohabiting Couples.”

The most important thing to understand is that most laws were developed at a time when couples who lived together were almost always married. Estate planning laws were created with spouses in mind, not live-in partners. Thus, if a person with a spouse passes away without a will, most if not all of the estate will go to the spouse.

However, if a non-married person passes away without a will, nothing will go to the partner. Other laws are similar. For example, a spouse can often get access to health care information that a partner cannot.

What this all means is that cohabiting couples need to have estate plans.

People who live together as a married couple in all but name generally want the same thing for their estates that married people want. For that an estate plan is needed.

Because all of this can get complicated quickly, be sure to consult with an experienced estate planning attorney. He or she can help you ensure that things go smoothly and avoid potential interference from family members when the time comes.

Reference: Wills, Trusts & Estates Prof Blog (February 12, 2015) “Planning for Cohabitating Couples.”

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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce