It’s common to be unmarried and in a committed relationship. If this is the case for you, and you want your significant other to have rights to your assets, then you can make your intentions clear in an estate plan. The default law in Illinois will not automatically protect your significant other if something happens to you.

I do… but not yet.

Even if you have plans to marry your partner, a delay in setting up in your estate plan could leave them unprotected. If you were to die before marriage, your fiancé would have no legal claim to assets you have in your name alone (please note: this does not include jointly owned assets). Their claim would essentially be as good as a stranger's. Additionally, making any claim against your estate could be costly for your loved one, especially if there is friction between your immediate family and significant other (don’t assume that they are “fine”). If you wanted to provide for your (non-marital) partner, the best way to establish security would be by carefully crafting an estate plan.

Quick Note: Your Kids

If you are unmarried and have children (regardless of whether that is with your partner or not) it is especially important to establish an estate plan to care to clearly articulate how you would like your children to be provided for and whether your significant other should be entitled to anything.

There’s nothing wrong with not being married, but in the eyes of the law, your significant other won’t be prioritized the way a spouse would, if at all. Failure to plan in circumstances like this can be detrimental to your loved ones and oftentimes cause friction and expense in Probate Court.