Estate Planning for Unmarried Couples: Essential Steps to Protect Each Other

Creating an estate plan is crucial for everyone, but it’s especially important for unmarried couples. Unlike married couples, unmarried partners don’t automatically have legal protections regarding inheritance, medical decisions, or property rights. A well-prepared estate plan ensures that your wishes are respected, both during your lifetime and after you’re gone. Here's a guide to help you navigate the key aspects of estate planning as an unmarried couple.

Why Estate Planning is Crucial for Unmarried Couples

Unmarried couples face unique challenges when it comes to estate planning. Without the legal framework of marriage, you don’t have automatic rights to your partner's estate or decision-making authority if they become incapacitated. A comprehensive estate plan bridges this gap and provides much-needed security for both partners.

Essential Elements of Estate Planning for Unmarried Couples

1. Creating a Will

A Will is the cornerstone of any estate plan. For unmarried couples, having a professionally prepared Will is critical. It outlines how you want your assets distributed after your death and can name your partner as the decision maker to carry out your wishes. Without a Will, your estate will be distributed according to the intestacy laws, which often don’t recognize unmarried partners, potentially leaving your partner with nothing.

2. Healthcare Directives and Powers of Attorney

Since unmarried partners don’t have automatic rights to make medical decisions for each other, it’s essential to establish:

• Healthcare Power of Attorney: This allows you to designate your partner as your healthcare decision-maker. Without this document, your partner might not even be allowed to visit you in the hospital or speak to your healthcare providers.

• Health Care Directive (Living Will): This outlines your preferences for medical treatment in situations where you’re incapacitated or facing end-of-life decisions. It ensures your wishes regarding life-sustaining measures are respected.

• Financial Power of Attorney: This document allows your partner to manage your financial affairs if you become incapacitated, including paying bills and handling investments.

3. Property and Asset Management

Managing jointly owned or individually owned property can be complex for unmarried couples. Here are some considerations:

• Jointly Owned Property: If you own property together, you need to confirm how the property is titled. Common options include:

  • Joint Tenants with Right of Survivorship: This allows the surviving partner to inherit the property automatically upon the other's death.

  • Tenants in Common: Each partner owns a share of the property, which can be left to someone else in their will.

• Individually Owned Property: If one partner owns the home or other significant assets individually, it’s crucial to document what should happen to these assets after their death. This might include allowing the surviving partner to stay in the home or ensuring the asset is transferred to them.

• Vehicles: Each vehicle has its own title. If you want your partner to have rights to the vehicle, you’ll need to update the title to include their name.

4. Planning for Funerals and Final Arrangements

Without a plan, the surviving partner may not have a say in funeral arrangements. Document your wishes for final arrangements in your estate plan to ensure they are respected and give your partner a voice in these decisions.

5. Addressing Potential Legal Issues in Your State

In some states, committed relationships can create rights to each other's property, similar to marriage. For example, in Washington, being in a committed intimate relationship can lead to property division issues when the relationship ends – whether it ends through a breakup or a death. Although your partner may be able to claim some rights to a portion of your assets through the committed intimate relationship doctrine, they will not get everything and it requires several avoidable legal proceedings for your partner to secure this right. It is so much easier to put a Will in place that directs your wishes.

Final Thoughts: Working with an Attorney

Estate planning for unmarried couples isn’t a DIY project. Each state has specific laws, and a poorly prepared document can be easily invalidated, rendering your wishes useless. Consulting with an experienced estate planning attorney ensures your plan is legally sound and tailored to your unique needs.

By taking these steps, you can protect each other and your assets, providing peace of mind for both partners. Start your estate planning today to secure your future and honor your wishes.