Estate Planning for Unmarried Couples: Why It Matters More Than You Think
Estate Planning for Unmarried Couples: Why It Matters More Than You Think
By Attorney John MacDonald, J MacDonald Law P.C.
When people think about estate planning, the traditional image often involves a married couple leaving behind their assets to their children or close family. But the reality is that estate planning is just as—if not more—important for unmarried couples, who often face legal vulnerabilities that married couples simply don’t encounter.
Unfortunately, many unmarried partners mistakenly believe that their long-term commitment automatically grants them legal rights similar to marriage. That’s not the case. Without proper planning, an unmarried partner may be left with no legal authority to manage their loved one’s medical care, financial matters, or even inherit jointly acquired assets.
The Myth: “We’re Protected Because We’ve Been Together for Years”
A widespread and dangerous assumption among unmarried couples is that living together for a long time gives the surviving partner the right to make decisions or inherit property. However, most states do not recognize these relationships in the same way they recognize legal marriages. If there is no will or estate plan in place, your partner may be entirely excluded from inheritance under state intestacy laws, which favor blood relatives.
Even more concerning, if no legal documents are created, your partner may have no say in medical or financial decisions if you're incapacitated.
Wills: A Critical Tool for Unmarried Partners
If you're unmarried, a last will and testament is a foundational document for protecting your partner. It ensures that your assets are distributed according to your wishes—not the default rules of your state.
With a will, you can:
Leave property, money, or personal items to your partner
Appoint a guardian for your minor children
Name an executor to manage your estate
Without a will, the law makes these decisions for you—and your partner may have no legal standing.
Powers of Attorney: Who Makes Decisions When You Can’t?
Unmarried couples do not have automatic legal authority to make decisions for one another. In a medical emergency, your partner may be shut out by doctors and hospitals unless you've given them authority through legal documents.
To avoid this, every unmarried couple should establish:
Durable Financial Power of Attorney: Allows your partner to manage finances, pay bills, and access accounts if you’re incapacitated.
Healthcare Power of Attorney & Advance Directive: Grants the legal right to make medical decisions and access health records.
These documents are essential to ensuring your partner can act on your behalf in times of crisis.
Trusts: Privacy, Protection, and Probate Avoidance
A revocable living trust can be a powerful tool for unmarried couples. Unlike a will, a trust allows you to avoid probate—the public, court-supervised process of distributing your assets after death.
Benefits of a trust include:
Immediate control of assets upon incapacity or death
Clear designation of beneficiaries
Avoidance of probate delays and expenses
Greater privacy and reduced risk of family conflict
You can also name your partner as a co-trustee or successor trustee, allowing them to manage and distribute assets seamlessly.
Children in Unmarried Relationships: Custody and Estate Planning
Custody rights for unadopted children can be particularly complex in unmarried relationships. In many states, the biological parent automatically retains custody unless a legal relationship—such as adoption—is established by the other partner.
Unmarried couples should consider:
Establishing legal parentage
Second-parent adoption (if available in your jurisdiction)
Naming guardians in your will for any minor children
Setting up a trust to financially provide for your child
Estate planning isn't just about distributing money—it's also about protecting your family, whatever that family may look like.
Conclusion: Estate Planning Is Not Just for Married Couples
The bottom line is simple: If you're in a committed, unmarried relationship, estate planning is not optional—it's essential. While the law offers automatic protections for spouses, unmarried couples must be proactive to ensure that their wishes are respected and their loved ones are protected.
Through wills, trusts, and powers of attorney, you can:
Guarantee your partner’s legal rights
Avoid probate
Protect your shared assets
Plan for the well-being of your children
At J MacDonald Law P.C., we specialize in helping unmarried couples craft personalized estate plans tailored to their unique circumstances. We take the time to understand your goals and help you navigate the legal landscape with confidence.
Ready to Protect What Matters Most?
If you're in an unmarried relationship, now is the time to take action. Don’t leave your partner vulnerable or your legacy up to chance. Schedule a consultation with our office today to learn how we can help you build a strong, secure estate plan.
J MacDonald Law P.C.
Estate Planning | Asset Protection | Legacy Planning
📞 830-626-3400
🌐 www.jmacdonaldlaw.com