By Nicole Ramos Takemoto, JD

In a society that increasingly embraces diverse relationships, unmarried couples are a significant and growing demographic. As legal professionals, we understand that the legal rights and protections afforded to unmarried couples differ significantly from those granted to married couples. This article explores three interconnected topics within estate planning for unmarried couples: the impact of becoming registered domestic partners, tax considerations, and the importance of comprehensive estate planning. By understanding these issues and taking proactive steps, unmarried couples can protect their rights, minimize tax liabilities, and ensure that their wishes are upheld.

From the Internal Revenue Service’s (IRS’s) announcement of a two-year transition period for the SECURE 2.0 Act’s Roth catch-up contribution requirement to the Equal Employment Opportunity Commission’s (EEOC’s) first settlement against an employer for the unlawful use of artificial intelligence to hire an employee, we have recently seen significant developments in estate planning, elder law, and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning, elder law, and business law practice.

Traditional estate tax planning often includes funding a credit shelter trust (also known as a bypass trust or family trust) up to the amount of a decedent’s unused estate tax exemption, then funding any assets in excess of the exemption amount into a marital trust for the benefit of the decedent’s surviving spouse. This type of planning was appropriate for many married couples who wished to maximize their remaining estate tax exemptions while leaving most assets for the support of a surviving spouse and deferring or avoiding estate taxation under the unlimited marital deduction.