Estate Planning for Unmarried Couples

In today’s world, more couples are choosing to live together without getting married. While this choice often reflects personal beliefs or lifestyle preferences, it also introduces unique legal challenges—especially when it comes to estate planning. Unlike married spouses, unmarried partners do not automatically inherit each other’s assets or gain decision-making authority in the event of illness or incapacity.

The Legal Challenges Unmarried Couples Face

1. No Automatic Inheritance Rights

In the eyes of the law, only spouses and legally recognized family members are entitled to inherit by default if someone dies without a will. The surviving partner could be left with nothing—even if they shared a home, finances, or decades together. A simple will can help avoid this, ensuring assets pass directly to your loved one.

2. No Legal Authority in Medical Emergencies

In medical emergencies, hospitals typically defer to next of kin—not a long-time partner. Without a power of attorney and healthcare proxy, your partner may not be allowed to make decisions or even receive updates on your condition.

3. Limited Rights Over Shared Property

Unmarried couples may own property together, but this can get complicated. Property that is not titled jointly may not pass automatically to the surviving partner. Even if both are on the deed, the default form of joint ownership is tenants in common, meaning the decedent’s share of the property go to his or her heirs at law, and not their partner.

Even worse is when there is no clear documentation, which can lead to disputes over ownership. Even worse are assets that a couple considers to be shared is only titled in one person’s name, which therefore won’t go to the survivor.

Key Estate Planning Tools for Unmarried Couples

To safeguard each other and avoid legal complications, unmarried couples should consider the following estate planning documents:

1. Last Will and Testament

This foundational document allows you to:

Designate your partner as a beneficiary.
Appoint them as your personal representative (executor).
Avoid intestacy laws that exclude your partner.

2. Revocable Living Trust

A trust offers more flexibility and privacy:

Avoids probate for assets titled in the trust.
Ensures seamless asset management if one partner becomes incapacitated.
Helps provide for minor children or other beneficiaries.

3. Durable Power of Attorney

This document authorizes your partner to:

Manage financial matters on your behalf.
Access accounts, pay bills, and handle legal obligations if you’re incapacitated.

4. Health Care Proxy (Medical Power of Attorney)

Gives your partner legal authority to:

Make healthcare decisions if you’re unable to do so.
Access medical records and communicate with healthcare providers.

5. HIPAA Authorization

Ensures your partner:

Can receive updates about your medical condition.
Isn’t left in the dark during a health crisis due to privacy laws.

6. Other Documentation

Beneficiary Designations: Review and update beneficiaries on retirement accounts, insurance policies, and payable-on-death accounts.
Joint Ownership: Proper titling of property (e.g., “joint tenants with right of survivorship”) can ensure smooth transfer upon death.
Letters of Intent: While not legally binding, a letter expressing your intentions can help guide your loved ones and executor.

Don’t Leave It to Chance

Estate planning is essential for all couples, but it’s especially critical for unmarried partners. The law doesn’t automatically protect your relationship—so proactive legal planning is the best way to secure your mutual interests. You’ve built a life together. Make sure it’s protected with an estate plan tailored to your relationship.