What inheritance rights do unmarried couples have?
- September 21, 2023
- David Greene
- Comments Off on What inheritance rights do unmarried couples have?
Unmarried couples do not have any rights to the assets of their deceased partner and have no rights to intestate inheritance.There is no more Common Law Marriaage in South Carolina. It was abolished in July 2019. Common Law marriages established before that date will still be given limited effect, however. In order to be sure your unmarried partner receives your inheritance, you will need to prepare a will or, preferably, a trust. A family trust is a better choice because it does not go through the probate process and is better suited to withstand attacks by relatives of the deceased trying to thwart your wishes. It does not help for you and your partner to own land as joint tenants. Upon the death of your partner, his share will go to his heirs at law, not you. Outside of a will or trust, the only way to pass land to your partner immediately after death is to own the land as joint tenants with right of survivorship.