Estate Planning for Unmarried and Domestic Partners
Unmarried partners do not have the same legal rights and protections as married spouses do. Without an estate plan, the person you share your life with may not have the authority to make healthcare decisions, manage financial matters, or inherit certain assets according to your wishes.
While married couples often benefit from legal protections built into state law, unmarried partners typically must create those protections through carefully drafted estate planning documents. Therefore, estate planning for unmarried couples and domestic partners is especially important, and a trust-based plan can ensure your wishes are carried out without the potentially lengthy, expensive probate process.
“If you’re single, if you have a life partner, if you have a domestic partner, or even if you’re just cohabitating with someone, it’s important for us to have an estate plan in place to make sure your wishes and your desires are honored.”
What Legal Documents Do Unmarried Couples Need for Estate Planning?
A strong trust-based estate plan addresses the legal and practical challenges that unmarried couples may face. Evans & Davis typically recommends a combination of documents that work together to protect your wishes and provide clarity for the people you trust.
Depending on your circumstances, your plan may include the following essential estate planning documents:
- Revocable trust: Holds and manages assets while providing instructions for how they should be handled during your lifetime and after your death.
- Pour-over will: Serves as a safety net by directing assets that were not transferred into the trust to be moved into it after death.
- Financial power of attorney: Allows someone you trust to manage financial matters if you become unable to do so yourself.
- HIPAA authorization: Permits designated individuals to access protected medical information when needed.
- Healthcare power of attorney: Authorizes a trusted person to make healthcare decisions on your behalf if you cannot communicate your wishes.
- End-of-life document: Outlines your preferences for medical treatment and end-of-life care.
What Happens if an Unmarried Partner Dies Without an Estate Plan?
Dying without an estate plan in place not only creates significant uncertainty for an unmarried partner, but it could also leave them without any rights to inherit from your estate. State intestacy laws determine who inherits assets when someone dies without a valid estate plan, and those laws often do not recognize unmarried relationships. Therefore, assets may pass according to a state’s default inheritance rules rather than your personal wishes.
While intestacy laws vary by state, they often follow a general order of inheritance as listed below:
- The deceased has no surviving spouse but does have surviving children. Children may inherit the estate equally.
- The deceased has no surviving spouse or children, but has surviving parents. Parents may inherit the estate.
- The deceased has no surviving spouse, children, or parents, but does have surviving siblings. Siblings may inherit the estate.
For unmarried couples, the challenge is that a long-term partner generally does not have the same inheritance rights as a spouse under state intestacy laws. Thus, an unmarried partner generally loses out not only on their partner’s financial assets but also on property, such as a shared home.
“A lot of times, the other partner can be left high and dry.”
What Happens to a Shared Home When a Domestic Partner Dies?
A shared home is often one of the most valuable and emotionally significant assets a couple owns. Without proper planning, the surviving partner may face uncertainty about ownership, occupancy rights, or what happens to the property after a death.
A trust-based estate plan can provide clear instructions for how the home should be managed, occupied, or transferred, reducing the risk that state inheritance laws will determine the outcome instead of your wishes.
Will or Trust: Which Is Better for Unmarried Partners?
When considering whether a will alone or a trust is the better option, unmarried couples must understand how differently these tools operate after death.
A will provides instructions for asset distribution, but those instructions generally must be carried out with court intervention through the probate process. Because probate is a public court proceeding, it can create opportunities for delays and disputes that many couples would prefer to avoid.
A living trust operates differently. Assets held in the trust are typically administered outside of probate, which can provide greater privacy and a more efficient transfer process. While no planning tool can eliminate every potential challenge, a trust often provides a stronger framework for carrying out your wishes with less court involvement.
For many unmarried couples and domestic partners, a trust-based estate plan offers a more comprehensive way to protect assets, preserve privacy, and provide clear direction for the future.
How to Avoid Common Estate Planning Mistakes
One of the best ways to avoid estate planning mistakes is to work with an attorney who focuses their practice specifically on estate planning rather than general legal matters. Estate planning involves more than preparing documents. It requires thoughtful guidance, attention to detail, and a clear understanding of how different planning tools work together.
Some common DIY estate planning mistakes include the following:
- Relying only on a will: A will may not provide the level of protection or flexibility that many unmarried couples need.
- Failing to fund a trust: Creating a trust without transferring assets into it can undermine its effectiveness.
- Using generic forms: Online documents may not reflect your specific circumstances or state law requirements.
- Not updating documents: Life changes can make existing plans outdated.
- Choosing the wrong decision-makers: Naming individuals without carefully considering their responsibilities can create future complications.
Professional guidance can help ensure your plan reflects your goals and functions as intended when it matters most.
Protect the People Who Matter Most
A long-term partner can play the same role in your life as a spouse, but state law does not always treat those relationships the same way. Without proper planning, important decisions about healthcare, property, and inheritance may be left to default legal rules rather than the person you would choose.
At Evans & Davis, we help unmarried couples and domestic partners create trust-based plans that provide greater certainty and help ensure their wishes are honored. Our attorneys work closely with you to build a plan that reflects your goals and supports the people you care about for years to come.
Call 866-708-2335 or contact us online to start building a plan that protects the people who matter most to you.