![\"estate](\"https:\/\/archive-lynchlaw.pfgsandbox.com\/wp-content\/uploads\/2021\/01\/pexels-andrea-piacquadio-376812-1024x640.jpg\")
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Families come in all shapes and sizes, and regardless of your family structure, your loved ones can and should be provided for in the event of your death.\u00a0<\/span>Many people put off estate planning as something they will get around to eventually<\/span>, or believe\u00a0<\/span>they are\u00a0<\/span>too healthy, young, or poor to need an estate plan<\/a><\/span>. While everyone should have an estate plan for peace of mind and to ensure loved ones are cared for after their death, estate planning is especially important for families<\/span>\u00a0which many states may not recognize as\u00a0<\/span>\u201c<\/span>traditional<\/span>.\u201d<\/span>\u00a0<\/span>Estate planning, especially for \u201cnon-traditional\u201d families, helps to\u00a0<\/span>ensure that everyone in the family can <\/span>inherit in accordance with the family\u2019s wishes.<\/span>\u00a0\u00a0<\/span>\u00a0<\/span><\/p>\n Many people today choose not to get married, or, after divorce, not to get married again.\u00a0<\/span>These people include\u00a0<\/span>those\u00a0<\/span>who refer to their spouse as a \u201ccommon law\u201d spouse. Common law marriages are only recognized in<\/span>\u00a0<\/span>Colorado<\/span>,\u00a0<\/span>Iowa<\/span>,\u00a0<\/span>Kansas<\/span>,\u00a0<\/span>Montan<\/span>a,\u00a0<\/span>New Hampshire<\/span>,\u00a0<\/span>Oklahoma<\/span>,\u00a0<\/span>Rhode Island<\/span>,\u00a0<\/span>Texas<\/span>,\u00a0<\/span>Utah<\/span>, and DC<\/span>.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n Many\u00a0<\/span>think that\u00a0<\/span>common-law marriages are <\/span>still\u00a0<\/span>recognized in Pennsylvania and Ohio because they were previously. In\u00a0<\/span>Ohio<\/span>, common-law marriages are now only recognized <\/span>if the marriage was before October 10, 1991<\/span>, and appropriate proof of the marriage can be offered.<\/span>\u00a0<\/span>(Ohio Rev. Code Ann.\u00a7 3105.12.)<\/span>\u00a0In\u00a0<\/span>Pennsylvania<\/span>, common-law marriages are now only recognized <\/span>if the marriage was before January 1, 2005<\/span>.\u00a0<\/span>(23 Pa. Cons. Stat. \u00a7 1103.)<\/span>\u00a0<\/span><\/p>\n Those wanting to protect a common-law spouse must plan their estate to do so. <\/span>Others, for a variety of reasons, are not able to marry<\/span>\u00a0or elect not to do so or may have a marriage not recognized by their state<\/span>, for example, a foreign marriage that has not been appropriately documented<\/span>.<\/span>\u00a0<\/span>Regardless of marital status,<\/span>\u00a0these individuals often elect life partners with whom to share their days. Providing for those most important to you is the purpose of estate planning. For unmarried couples<\/span>,<\/span>\u00a0estate planning can provide for loved ones after death<\/span>\u00a0when state intestacy laws may not<\/span>.<\/span>\u00a0<\/span><\/p>\n For couples with stepchildren<\/span>\u00a0and\/or\u00a0<\/span>foster children, estate planning\u00a0<\/span>can ensure a\u00a0<\/span>share in inheritance\u00a0<\/span>for those in your charge\u00a0<\/span>after you\u00a0<\/span>pass away<\/span>,<\/span>\u00a0<\/span>even\u00a0<\/span>when state intestacy laws may not provide for them.<\/span>\u00a0<\/span>For example,\u00a0<\/span>the question of\u00a0<\/span>w<\/span>ho counts as a child under\u00a0<\/span>state<\/span>\u00a0intestacy laws<\/span>\u00a0can be confusing and counterintuitive. It is\u00a0<\/span>both\u00a0<\/span>entirely possible<\/span>\u00a0and reasonable<\/span>\u00a0to believe\u00a0<\/span>that\u00a0<\/span>those<\/span>\u00a0<\/span>whom\u00a0<\/span>you consider your children will inherit when you\u00a0<\/span>pass away<\/span>, wh<\/span>ile<\/span>\u00a0that m<\/span>ay\u00a0<\/span>not actually be the case.<\/span>\u00a0 For e<\/span>xample<\/span>,<\/span>\u00a0for\u00a0<\/span>your\u00a0<\/span>children to inherit under the Pennsylvania intestacy laws, the Commonwealth of Pennsylvania first must recognize them as your children, legally.\u00a0<\/span>Who you<\/em>\u00a0<\/span>consider <\/span>to be\u00a0<\/span>your children plays no role in this\u00a0<\/span>determination.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n F<\/span>oster children or stepchildren who you never legally adopted will not automatically receive a share. Stepparents\u00a0<\/span>and non-traditional parents\u00a0<\/span>often do not consider\u00a0<\/span>this carve<\/span>–<\/span>out when they neglect to prepare a will,<\/span>\u00a0<\/span>assum<\/span>ing<\/span>\u00a0that<\/span>\u00a0<\/span>their child\u00a0<\/span>will inherit like any other child.<\/span>\u00a0<\/span><\/p>\n M<\/span>any grandparents<\/span>\u00a0or other family members<\/span>\u00a0raise the children of their children<\/span>, siblings, or other relatives for a variety of\u00a0<\/span>benevolent\u00a0<\/span>reasons<\/span>.<\/span>\u00a0<\/span>Those informally raising the children of friends or family members may lack protection under state intestacy laws.<\/span>\u00a0<\/span>T<\/span>hese children\u00a0<\/span>may<\/span>\u00a0not be provided for if\u00a0<\/span>those raising them<\/span>\u00a0die without a will, because the state\u00a0<\/span>may<\/span>\u00a0not recognize them as your children.<\/span>\u00a0<\/span><\/p>\n Children you formally, legally adopt will inherit the same as your biological children<\/span>.\u00a0<\/span>\u00a0<\/span><\/p>\n I<\/span>n Pennsylvania,\u00a0<\/span>i<\/span>f your child places one of\u00a0<\/span>your grandchildren<\/span>\u00a0<\/span>up for adoption, that adopted child may still inherit from\u00a0<\/span>you as a<\/span>\u00a0grandparent<\/span>.<\/span>\u00a0<\/span>I<\/span>f the child is otherwise entitled to inherit under the intestacy laws and you have \u201cmaintained a family relationship<\/span>,<\/span>\u201d<\/span>\u00a0your grandchild may still inherit from you.<\/span>\u00a0<\/span><\/p>\n Note<\/span>,<\/span>\u00a0though<\/span>,<\/span>\u00a0that the child may not be entitled to inherit if you have living children at the time of your death<\/span>,\u00a0<\/span>as\u00a0<\/span>intestacy laws may not provide for grandchildren at all in that case<\/span>.\u00a0<\/span>Children place<\/span>d<\/span>\u00a0up for adoption who are adopted by another family may not inherit from the parent who placed them up for adoption\u00a0<\/span>if<\/span>\u00a0the\u00a0<\/span>process\u00a0<\/span>is completed<\/span>\u00a0<\/span>without\u00a0<\/span>an estate plan provid<\/span>ing<\/span>\u00a0otherwise<\/span>.<\/span>\u00a0<\/span><\/p>\n I<\/span>n Pennsylvania,\u00a0<\/span>if a spouse was not married to a child\u2019s mother when<\/span>\u00a0<\/span>the child<\/span>\u00a0was born<\/span>, then the child will receive a share of\u00a0<\/span>the spouse\u2019s\u00a0<\/span>estate only if (1) the parents of the child married each other before the parent\u2019s death, (2) the father openly holds out the child to be his and receives the child into his home or openly holds the child out to be his and provides support for the child\u00a0<\/span>during the life of the child,\u00a0<\/span>or (3) paternity is established.<\/span>\u00a0<\/span><\/p>\n Regardless of how you define your family,<\/span>\u00a0<\/span>you can provide for anyone you choose in your estate plan, and an estate planning lawyer can help you make sure that your family is protected.<\/span>\u00a0<\/span>I<\/span>f you<\/span>\u00a0<\/span>are looking for<\/span> help with your estate planning, no matter how simple or complex, the Estates and Trusts team at The Lynch Law Group is ready to help. When it comes to <\/span>providing for your family in the event of your death,\u00a0<\/span>planning your estate<\/span>\u00a0can make sure everyone is protected.<\/span>\u00a0<\/span><\/p>\n Chuck Hadad is a Partner at The Lynch Law Group. If you have questions or would like more information about developing an estate plan, please contact him at 724-776-8000 or chadad@archive-lynchlaw.pfgsandbox.com<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" Regardless Of Your Family Structure \u2013 Estate Planning Ensures Everyone Can Inherit According To Your Wishes Families come in all shapes and sizes, and regardless of your family structure, your loved ones can and should be provided for in the … Life Partners<\/h3>\n
Stepchildren\u00a0and\u00a0Foster Children<\/h3>\n
Grandparents,\u00a0Other Family Members,\u00a0or Friends\u00a0as\u00a0Guardians<\/h3>\n
Adoption<\/h3>\n
Children Born Outside Marriage<\/h3>\n
Pittsburgh Estate Planning Attorneys<\/h4>\n