A reader asks, ‘The only part of her estate remaining will be her personal items like...
Our mother’s estate is set up to pass automatically to her six children. She already gave us her house, retaining the right to live there rent free for as long as she desires. All insurance policies, investment accounts and bank accounts list the six of us as beneficiaries. The only part of her estate remaining will be her personal items like furniture, clothes, jewelry, and household goods.
For example, if the couple had joined a local health club as a married couple to save money, that would be the kind of evidence the surviving partner could use to prove the existence of a marriage. To prevent this from happening, the couple could sign a"Non-Marital Co-habitation Agreement" where they agree in writing that they are not married and that none of their properties will be jointly owned. An agreement such as this is not inexpensive and is typically only used when one or both of the partners are wealthy.
As to health issues, each of the partners can sign a Medical Power of Attorney as well as a HIPAA Release naming the other partner as agent. The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to [email protected].