Legal Question in Wills and Trusts in Illinois
Rights of unmarried partner
I am living with a man who does not have a will. He has one minor child from a previous relationship and has never been married. If I understand correctly, Illinois does not recognize common law marriages. So, my question is, if something were to happen to him, do I have any rights as far as his medical care is concerned? And, God forbid, if he died--how would his assets be distributed?
2 Answers from Attorneys
Re: Rights of unmarried partner
Unless he takes action to give you medical decisionmaking rights (under a power of attorney), you would have none. Similarly, unless he designates you as beneficiary on his assets, makes you a joint tenant or names you in his will, you would have no rights. Assets titled in his name at his death would pass as provided in his will, but if he has no will then it would be distributed to his "heirs" according to Illinois law -- in this case, that would appear now to just be his child, who would receive it under a guardianship or custodianship.
The bottom line is that if this man wants you to have rights he needs to do an estate plan.
Re: Rights of unmarried partner
As a non-spouse, you are not responsible for his health-related expenses.
If he dies without a will, you would not be entitled to any inheritance. The estate would go to his minor child, and there would need to be a guardian appointed for the child to receive the funds from the estate on his/her behalf.