Estate Planning for Unmarried Couples

Unmarried couples often assume that living together, sharing finances, or naming each other on accounts is enough. It’s not. Without a comprehensive estate plan, your partner may have no legal authority to manage your healthcare, access your assets, or even stay in your home. In the eyes of the law, romantic commitment is not the same as legal protection.

At Legacy Law Group, we help unmarried couples build strong, legally sound estate plans that reflect their intentions, protect their relationships, and avoid court intervention. Whether you’re together for a few years or a lifetime, your plan should work as hard as your commitment does.

Why Estate Planning Is Critical for Unmarried Couples

Marriage provides a built-in legal framework for financial and medical decision-making. But if you’re not legally married, you don’t receive those automatic protections—even if you’ve been together for decades and share everything else.

Without proper legal documentation, the courts decide:

• Who inherits your property and other valuable assets
• Who can make medical or financial decisions on your behalf
• Who can serve as a guardian if you have children
• Who is legally responsible for managing your estate during probate

In most states, an unmarried partner is not recognized as next of kin. That means your partner could be legally excluded from your hospital room, funeral arrangements, or even your home—while distant relatives make decisions on your behalf or inherit your assets.

Key Legal Gaps for Unmarried Couples

• No automatic inheritance rights: If you pass away without a will or trust, your partner will likely receive nothing.
• No authority over end-of-life decisions: Without legal documentation, your partner can’t make healthcare decisions for you.
• No access to medical records or accounts: HIPAA laws restrict access to medical information unless permission is explicitly granted.
• No legal say in burial, funeral, or estate management: Your wishes may be ignored unless they are written down and legally enforceable.

What Can Go Wrong Without a Plan?

Without a legally enforceable estate plan, unmarried couples are left entirely at the mercy of default state laws, which generally do not recognize romantic relationships outside of legal marriage. This legal gap can result in emotionally devastating and financially harmful consequences, even for couples who have been together for decades.

1. Your partner may be evicted from your shared home by a relative who inherits it. If your home is solely in one partner’s name and there is no trust or will specifying otherwise, the surviving partner has no legal right to remain—even if they’ve lived there for years, helped pay the mortgage, or made renovations.
2. Doctors may deny your partner access or input during a medical emergency. Hospitals follow strict HIPAA privacy laws. Without a healthcare power of attorney or HIPAA release, your partner could be locked out of your care decisions and updates—leaving both of you powerless and distressed in critical moments.
3. A bank may freeze accounts, even joint ones, until probate clears. If one partner dies or becomes incapacitated, financial institutions often freeze accounts unless clear documentation exists. This can delay bill payments, mortgage processing, and access to funds for living expenses—just when they’re needed most.
4. State laws may distribute your estate to parents, siblings, or even estranged family members—leaving your partner with nothing. Intestacy laws vary by state, but few recognize unmarried partners as legal heirs. This means everything you own could bypass your partner entirely unless your estate plan specifies otherwise.
5. You may miss opportunities for tax advantages, charitable giving, or succession planning for family businesses. Married couples receive unique tax benefits and automatic rights. Unmarried couples must plan proactively to secure similar outcomes. Without legal guidance, you may lose wealth to unnecessary taxes or fail to protect your philanthropic goals.
6. If one of you becomes incapacitated, the other may be powerless to act—even for basic financial tasks or medical decisions. A durable power of attorney and healthcare directive are essential tools that grant your partner the legal authority to act swiftly on your behalf.
7. Important end-of-life preferences may be ignored. Without a living will or clear documentation, your partner may be excluded from funeral or burial planning, and your final wishes may not be honored by your next of kin.

These complications don’t just affect high-net-worth couples—they impact everyone, regardless of wealth, age, or how long you’ve been together. And unfortunately, they often surface during times of crisis, when clarity, stability, and legal authority matter most.

That’s why creating a comprehensive, well-coordinated estate plan is one of the most important things unmarried couples can do to protect one another.

Core Tools for Estate Planning as an Unmarried Couple

We work with couples of all ages, backgrounds, and asset levels to design tailored estate plans that protect your partnership, secure your property, and honor your wishes—especially when the law doesn’t automatically do it for you. If you're not legally married, the government won’t assume your partner should have any authority or inheritance rights—unless you document it clearly. These tools do exactly that.

1. Revocable Living Trust

A revocable living trust is often the cornerstone of estate planning for unmarried couples because it provides flexibility, privacy, and probate avoidance.

A trust helps you:

1. Avoid probate and costly court delays, allowing your partner to inherit smoothly and privately.
2. Keep your relationship and assets out of the public record.
3. Set specific conditions on when and how your partner or beneficiaries receive assets.
4. Ensure uninterrupted financial management if you become incapacitated.

For unmarried couples, you have two options:

• A joint trust (ideal for shared assets or long-term cohabitation).
• Separate trusts (helpful when each partner brings their own wealth or children from previous relationships).

We’ll help you choose and structure the best option for your goals and relationship dynamic.

2. Wills with Pour-Over Provisions

Even with a trust, a will is still essential—and here’s why:

Your will can:

1. "Catch" any assets not titled in your trust and funnel them into it (via the pour-over clause).
2. Appoint guardians for minor children or dependents.
3. Specify your final arrangements (burial, cremation, memorial preferences).
4. Prevent legal ambiguity about your intentions.

Without a will, state intestacy laws decide who receives your remaining assets—and unmarried partners are almost never recognized.

3. Durable Financial Power of Attorney

This document authorizes your partner to make financial decisions and manage legal or administrative matters on your behalf if you become incapacitated.

Without it:

• A court may appoint a guardian or conservator—possibly a relative or third party—not your partner.
• Your partner could be locked out of shared accounts, unable to pay bills, or deal with property issues.

We make sure your power of attorney is properly drafted, witnessed, and accepted by institutions like banks, mortgage companies, and utility providers.

4. Healthcare Power of Attorney & HIPAA Release

In a medical emergency, unmarried partners often have no legal authority to:

1. Speak with doctors.
2. Access medical records.
3. Make any decisions whatsoever about your care.

A healthcare power of attorney gives your partner the legal right to step in as your medical agent. The HIPAA release grants them access to health updates and medical information.

We also help you prepare backups (secondary agents) and keep these documents updated.

5. Living Will / Advance Directive

This document spells out your wishes regarding:

1. Life-sustaining treatments.
2. Artificial nutrition and hydration.
3. Resuscitation and DNR orders.
4. Organ and tissue donation.

It prevents confusion, guilt, and conflict for your loved ones by clearly expressing your end-of-life preferences. For unmarried couples, this is especially critical if your partner may be challenged by family members.

6. Beneficiary Designations

Update or name benefficiaries for key assets—like:

1. IRAs and 401(k)s
2. Life insurance policies
3. Bank and brokerage accounts (with TOD or POD instructions)

Whay? Because they pass outside your will and trust, and That means that if your beneficiary forms are outdated, your ex, sibling, or estranged parent might receive what you intended for your partner. Even further, any misalignment can override your entire estate plan.

We help you conduct a full review of every account to make sure all designations are consistent with your legal documents.

7. Joint Ownership & Titling Review

Property titles matter more than most people think—especially for unmarried couples. Here's a few key conecps you should know about:

1. Joint Tenancy with Right of Survivorship (JTWROS): Automatically passes to the surviving partner, avoids probate—but limits flexibility.
2. Tenants in Common: Each partner owns a set percentage. If one dies, their share doesn’t automatically transfer.
3. Individual Ownership: May be appropriate for inherited property or asset protection—but must be coordinated with your plan.

We’ll make sure your home, car, investment accounts, and personal property are titled correctly to avoid disputes and delays.

8. Pet Trusts and Digital Asset Planning

If you have pets, they’re family—and we’ll treat them that way.

With a pet trust, you can:

1. Appoint a caregiver.
2. Set aside money for food, medical care, and more.
3. Leave specific instructions on how your pet should be treated.

For digital assets, we help you plan for:

1. Emails, photos, videos, and digital journals.
2. Social media accounts.
3. Online banking and investment platforms.
4. Crypto wallets and NFTs.

We’ll create a digital estate plan with access instructions and designated digital fiduciaries.

9. Medicaid Qualification & Long-Term Care Planning (for Later-Life Couples)

If you’re concerned about nursing home costs or future care expenses, Medicaid planning is essential—especially for unmarried couples.

Why it matters:

1. Medicaid eligibility is based on income and asset thresholds.
2. There’s no spousal transfer protection if you’re not legally married.
3. Your partner may be forced to spend down their own assets—or face financial hardship—if you need long-term care.

We can help you explore:

• Medicaid Asset Protection Trusts (MAPTs): Shield certain assets from being counted.
• Gifting strategies and 5-year lookback planning.
• Powers of attorney that authorize your partner to apply for Medicaid or reposition assets if needed.

‍

Real-Life Scenario: When a Lack of Planning Went Wrong

A couple had been together for 14 years. They owned a home together, had shared finances, and believed that they had everything covered by mutual understanding. But when one partner passed away suddenly:

• The surviving partner had no legal ownership of the home, which was only in the deceased’s name
• The deceased’s family handled funeral arrangements, excluding the surviving partner
• The bank froze accounts because no legal documents authorized access
• The surviving partner was forced to move out of their home within 30 days

All of this could have been avoided with a simple estate plan: a living trust, healthcare directives, durable powers of attorney, and updated property titles.

Special Considerations for Blended Families

If one or both of you have children from a prior relationship, your estate plan must carefully balance multiple interests:

• Ensure your partner is financially protected
• Avoid disinheriting your children unintentionally
• Prevent conflict between your partner and adult children

We can help you draft clear, enforceable plans that support blended families and keep loved ones on the same page.

Our Process for Unmarried Couples

We make estate planning simple, personal, and empowering:

1. Discovery Session – We learn your story, goals, and priorities.
2. Custom Strategy Design – Your plan is built from scratch, with expert guidance every step of the way.
3. Legal Drafting & Signing – Documents are explained clearly, prepared precisely, and signed with confidence.
4. Asset Coordination – We help you realign your property titles, beneficiaries, and financial structure.
5. Ongoing Support – Life evolves. We’re here to adjust your plan as your relationship, family, or finances change.

Our clients leave with more than legal documents—they leave with peace of mind.

‍