Estate Planning For Couples

De Fonte Law PC also works with Throuples and Polycules.

Plan Together Today

Protecting Each Other. Protecting Your Assets. Protecting Your Future.

If you are married, unmarried, newly married, or have a prenuptial or postnuptial agreement, your estate plan should reflect that reality.

Estate Planning Avoids Unintentional Disinheritance

Separate property does not automatically pass to a surviving spouse.  This is critical for anyone who is newly married, has received an inheritance, or has a prenup or postnuptial agreement.

There is no common law marriage in California – you unmarried partner will not inherit from you.

Conversations We Have Every Day

  • We just got married, its too soon to plan!  Marriage does not resolve much when it comes to estate planning.
  • We have been married forever, wont’ I just inherit everything?  Not necessarily.  In California, separate property is not automatically inherited by a surviving spouse.
  • We have been together for ages, doesn’t that matter? California does not recognize common law marriage – you are either afforded the rights and privileges of marriage or you are not.
  • Doesn’t our prenup cover this? A prenups controls asset division on divorce, it does not give you the power to make decisions for your spouse if they lose capacity, and it might lead to unintentional disinheritance.

Unmarried Couples

Unmarried partners do not automatically inherit from each other in California.
There is no common law marriage and California and the duration of your relationship does not matter under California intestacy laws. For unmarried couples, estate planning is not optional. It is foundational.

Without an estate plan, a long-term partner may have no legal standing – even after decades together.

Unmarried couples must plan intentionally to:

  • Provide inheritance rights
  • Grant health care authority
  • Grant financial authority
  • Avoid disputes with biological family members
  • Clarify ownership of jointly purchased property

If you own property together – whether as joint tenants or tenants in common – the estate plan must coordinate with that ownership structure.

Engaged Couples and Newlyweds

Marriage is not just a personal milestone. It is a legal event.

Newly married couples often delay planning because they believe the law now protects them.

But separate property owned before marriage remains separate. It does not automatically merge. It does not automatically transfer cleanly at death.

If there are children from prior relationships, separate property can pass partially to those children under intestacy – even when that was not the couple’s expectation.
Newlyweds should not wait to clarify these issues.
Nor should they wait to create an estate plan until after they are married – incapacity issues and decisions about asset are part of the wedding planning process!

Planning at the beginning of a marriage prevents confusion later.

Prenups and Post Nups

A prenuptial or postnuptial agreement decides who owns what during the marriage.

It separates property into “yours,” “mine,” or sometimes “ours.”
It may waive community property rights. It may confirm that certain assets will always remain separate. But ownership during life is not the same as inheritance at death.

A prenup does not automatically transfer property to a surviving spouse.
In fact, depending on how it is written, it can limit what a surviving spouse is entitled to receive. If separate property is preserved under the agreement and there is no coordinated estate plan directing where that property goes, California intestacy law steps in. And intestacy does not always give 100% of separate property to a surviving spouse – especially if there are children from another relationship.

That is how unintended disinheritance happens.

The agreement was meant to clarify ownership.
But without an integrated estate plan, it can restrict what a surviving spouse ultimately receives.

Prenups and estate plans must be aligned. Otherwise, the result at death may not reflect what either spouse expected.

Testimonials

Client Love Notes

We’ve worked with Patricia and her team for several years now and I’m always impressed by their level of detail and streamlined process. They create a customized experience that helped us think through our estate plan from a financial, emotional, and legal perspective. I would highly recommend working with Patricia!

Abby S.

My wife and I enjoyed working with Nadya at DeFonte Law to create our trust. The firm’s approach was very easy for someone with limited legal and financial experience. They helped us thoroughly account for what we needed to protect out assets and family members while still keeping the process focused and timely.

Eric S.

Working with Wendy on my estate planning with De Fonte Law was a real gift. She is kind, compassionate and patient. It took extra time for me due to multiple injuries and setbacks and I found her to be very understanding and encouraging. It is a big relief to have this major undertaking close to completion. Thank you Wendy!

Susanne K.