Estate Planning for Unmarried Couples is crucial
Whether the Domestic Partners are of the same-sex or of the opposite-sex, the law does not provide the same legal protections accorded the status of marriage. Tax burdens and tax rates are vastly different; Last Wills Law is vastly different; and the issue of minor children becomes vital.
Common Law Marriage in Pennsylvania was abolished
Historically, Common Law Marriage was recognized by the Pa Supreme Court about 135 years ago, questioned by the Pa Supreme Court about 10 years ago, and abolished by the Pa Commonwealth Court about 5 years ago. Consequently, Common Law Marriage was rendered proactively invalid by the Pa Legislature. After January 1, 2005, and by statute (23 ยง 1103), Pennsylvania has stated that "[n]o common-law marriage contracted after January 1, 2005, shall be valid. Nothing in this Part shall be deemed or taken to render any common-law marriage otherwise lawful and contracted on or before January 1, 2005, invalid." For a more in-depth, historical analysis of Common Law Marriage in Pennsylvania, please view my article Common Law Marriage Abolished in Pa. In other words, Common Law Marriage is valid if created on/before December 31, 2004 and not valid if created on/after January 1, 2005.
John B. Whalen, Jr., J.D., LL.M. is an
AV Peer Review Attorney and Counselor at Law and a member of the
Bar Register of Preeminent Lawyers. He has had his legal articles published on the Martindale.Com website and his law blogs published on the Lawyers.Com website.
John concentrates his legal practice solely in the areas of
Estate Law,
Estate Planning,
Estate Administration,
Executor Representation,
Probate, Ancillary Probate,
Last Wills, Decedents Estates,
Powers of Attorney, Advance Directives, Trust Law,
Living Wills,
Fiduciary Law,
Inheritance,
Inheritance Tax, Trusts and Estates, Trust Administration, Cemetery Law, Tax Law, Estates Taxation, and
Estate Planning for Unmarried Couples.
John serves, and has served, individuals and attorneys in the Southeastern Pennsylvania Metropolitan Area (and throughout the country), including Chester County Pa, Delaware County Pa, Lancaster County Pa, Montgomery County Pa, and Philadelphia County Pa.
John has served clients in Ambler Pa, in Ardmore Pa, in Aston Pa, in Berwyn Pa, in Blue Bell Pa, in Bridgeport Pa, in Broomall Pa, in Bryn Mawr Pa, in Chadds Ford Pa, in Chesterbrook Pa, in Chester Heights Pa, in Chester Springs Pa, in Coatesville Pa, in Collegeville Pa, in Conshohocken Pa, in Devon Pa, in Downingtown Pa, in Drexel Hill Pa, in Eagleville Pa, in Easttown Pa, in Elkins Park Pa, in Exton Pa, in Frazer Pa, in Great Valley Pa, in Haverford Pa, in Havertown Pa, in Jeffersonville Pa, in Kennett Square Pa, in King of Prussia Pa, in Lansdale Pa, in Limerick Pa, in Linfield Pa, in Linwood Pa, in Lower Merion Pa, in Malvern Pa, in Media Pa, in Narberth Pa, in Newtown Square Pa, in Norristown Pa, in Oaks Pa, in Overbrook Pa, in Paoli Pa, in Parkesburg Pa, in Phoenixville Pa, in Plymouth Meeting Pa, in Pottstown Pa, in Radnor Pa, in Ridley Park Pa, in Rosemont Pa, in St. Davids Pa, in Springfield Pa, in Strafford Pa, in Swarthmore Pa, in Thorndale Pa, in Tredyffrin Pa, in Trooper Pa, in Upper Merion Pa, in Valley Forge Pa, in Villanova Pa, in Wayne Pa, in West Chester Pa, in Westtown Pa, in Whitemarsh Pa, in Willistown Pa, in Wynnewood Pa, and in Yeadon Pa.