Short answerAn estate plan ensures your partner or chosen family can make medical decisions, manage your affairs, visit you, and inherit as you intend. Married couples and registered domestic partners in California have spousal rights, but unmarried partners have no inheritance rights without a will or trust.
Having a proper plan is essential to avoid devastating consequences for a partner and family. It matters most in an accident or illness: without an advance health care directive or durable power of attorney, a partner could be shut out of decisions about care, finances, or even visitation.
Key considerations
- Updating older plans written before marriage became available
- Protecting children, including non-biological or adopted children
- Naming chosen family as agents, trustees and guardians
Common questions
We married years after making our plan. Should we update it?
Yes. Marriage can change how your property is characterized and who inherits; your plan should reflect your current status.
General information about California law, not legal advice. Laws and dollar thresholds change; confirm current rules for your situation.