Love and commitment don’t always come with a marriage license, but the law still sees a big difference between married and unmarried couples. If you and your partner have built a life together – owning a home, raising kids, or sharing finances – you may assume that your partner will be taken care of if something happens to you. Unfortunately, without proper legal planning, that’s not the case.
If you become seriously ill or pass away, your partner may not have any legal rights to make medical decisions for you, inherit your assets, or even stay in the home you shared. That’s why estate planning is essential for unmarried couples who want to protect each other and their loved ones.
The Legal Reality for Unmarried Couples
Unlike married couples, who automatically receive legal protections, unmarried couples must take extra steps to ensure their wishes are honored. Legally, you and your partner are considered strangers unless you have the right documents in place. This means:
- Your partner may not be allowed to make medical decisions for you in an emergency.
- They may be denied access to your hospital room if visitation is restricted to “family only.”
- If you pass away without a will, your assets will likely go to your closest blood relatives – not your partner.
- If you share a home but their name isn’t on the deed, they could be forced to move out.
With proper estate planning, you can avoid these heartbreaking scenarios.
What Every Unmarried Couple Needs in an Estate Plan
1. Protecting Your Home & Assets
If you own property together, make sure you have a clear plan for what happens if one of you dies. This could include:
- Holding the property as joint tenants with rights of survivorship so it automatically passes to your partner.
- Creating a living trust to ensure the home and other assets are distributed according to your wishes.
- Naming your partner as a beneficiary on financial accounts, retirement plans, and life insurance policies.
Without these steps, the law will decide who gets your assets, and it may not be the person you intended.
2. Planning for Your Children
If you and your partner have children together, you need to:
- Name legal guardians to ensure your kids are raised by someone you trust if something happens to both of you.
- Create a trust to manage their inheritance, so they are financially protected.
- Consider your partner’s parental rights – if they are not the biological parent, they may need legal documentation to maintain custody.
Without these protections, the court will decide who cares for your children, which may not align with your wishes.
3. Making Healthcare & Financial Decisions for Each Other
To ensure your partner can make medical and financial decisions on your behalf if you are incapacitated, you need:
- A Durable Power of Attorney so they can manage your finances if you are unable to.
- A Healthcare Directive to legally give them the right to make medical decisions for you.
- A HIPAA Authorization so they can access your medical records and talk to doctors on your behalf.
Without these documents, the court may appoint someone else – possibly a family member who doesn’t respect your partner’s role in your life.
4. Addressing Digital Assets & Other Modern Concerns
In today’s world, estate planning goes beyond money and property. Think about:
- Digital assets – Make sure your partner can access important online accounts, such as banking, social media, and subscriptions.
- Business ownership – If you run a business, have a clear succession plan so your partner isn’t left out of important decisions.
- Pet care – If you have pets together, designate who will care for them and set aside funds for their expenses.
Secure Your Future with a Personalized Estate Plan
Estate planning isn’t just for the wealthy – it’s for anyone who wants to protect their loved ones. But a basic will or DIY legal forms aren’t enough. You need a comprehensive plan that ensures your partner is taken care of and avoids unnecessary court battles.
As your attorney, I can help you:
✔ Create a legally sound plan to protect your partner and assets.
✔ Ensure your children and loved ones are cared for according to your wishes.
✔ Set up healthcare and financial directives to avoid legal complications in emergencies.
✔ Keep your estate out of probate, minimizing stress and delays.
Take the Next Step for Peace of Mind
If you and your partner don’t have an estate plan in place, now is the time to take action. Schedule a consultation with me today, and let’s make sure your wishes are honored and your loved ones are protected – no matter what the future holds.
At Cheever Law, APC, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Life & Legacy Planning Session. This will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a no-obligation 15-minute introductory phone call today.