Cardoso Estate Planning Firm > Unmarried Couples

Estate Planning for Unmarried Couples

Author: Danielys Cardoso | 21 min of lecture | july 30, 2025

Why Estate Planning Is Essential for Unmarried Couples

In today’s world, more couples are choosing long-term partnerships over marriage. Whether for personal, financial, or legal reasons, unmarried couples often build lives together without formalizing their relationship under the law. However, unlike married couples, they don’t benefit from automatic legal rights and protections—especially in matters of inheritance, healthcare decisions, or property ownership.

This is where estate planning for unmarried couples becomes not just important, but absolutely critical. Without a plan in place, your partner may be legally excluded from key decisions if one of you becomes incapacitated or passes away. The law typically favors next of kin—like parents or siblings—not partners outside of marriage.

Estate planning bridges that legal gap and ensures your wishes are honored, your partner is protected, and your assets are distributed exactly how you intend.

Key Documents Every Unmarried Couple Should Have

Estate planning isn’t just about writing a will—it’s a comprehensive set of legal tools that protect your rights as a couple. Here are the essential documents every unmarried couple should prioritize:

– Durable Power of Attorney

A durable power of attorney allows you to authorize your partner to make financial decisions on your behalf if you’re incapacitated. Without it, your partner might be locked out of shared accounts or unable to manage your bills during emergencies.

– Health Care Proxy and Living Will

A health care proxy (also known as a medical power of attorney) designates your partner to make medical decisions if you’re unable. Pair this with a living will to outline your preferences for end-of-life care. Hospitals usually defer to family, not partners, unless these documents are in place.

– Last Will and Testament

Without a will, state intestacy laws determine who inherits your estate—and unmarried partners are generally left out. A last will and testament lets you name your partner as your beneficiary and appoint an executor to carry out your wishes.

– Revocable Living Trust

For those with significant assets, a revocable living trust offers privacy, avoids probate, and ensures seamless transfer of property. It also lets you specify conditions for distribution and can hold assets for minor children or pets.

Designating Beneficiaries the Right Way

Many financial accounts—like retirement plans, life insurance policies, and bank accounts—allow you to name beneficiaries. These designations often override what’s in your will, so it’s crucial to ensure they’re accurate and up-to-date.

Make sure your partner is listed where appropriate, and revisit these choices after major life events such as buying property or having children. Failing to update beneficiaries can result in your estate going to an ex-partner or estranged relative.

Real Estate and Property Ownership Considerations

Owning property as an unmarried couple requires thoughtful planning to avoid legal complications.

Here are a few common ownership options:

Joint Tenancy with Right of Survivorship (JTWROS): If one partner dies, the other automatically inherits the property.
Tenancy in Common: Each partner owns a defined share; property does not automatically transfer upon death.
Sole Ownership with Transfer on Death (TOD): Allows property to pass directly to your partner without probate.

Each choice has tax, legal, and financial implications. Consulting with an estate planning attorney can help you pick the best structure for your goals.

How to Minimize Probate and Avoid Legal Pitfalls

Probate can be time-consuming, expensive, and public—especially in cases involving unmarried partners without a clear estate plan. Fortunately, there are several strategies to avoid or minimize probate:

Create a revocable living trust and fund it with major assets.
Use transfer-on-death (TOD) or payable-on-death (POD) designations for bank accounts and securities.
Hold property as joint tenants with right of survivorship.
Name your partner as beneficiary on life insurance and retirement accounts.

Each of these methods helps your assets pass directly to your partner without court involvement.

FAQs: Estate Planning for Unmarried Couples

Can an unmarried partner inherit if there’s no will?

Generally, no. Without a will or trust, state laws determine who inherits—and unmarried partners are typically excluded.

What’s the difference between a will and a trust?

A will takes effect after death and goes through probate, while a trust avoids probate and can manage assets during your lifetime and after.

Can I name my partner as my healthcare proxy?

Yes, with a healthcare proxy document, your partner can legally make medical decisions on your behalf.

Do I need an attorney to create an estate plan?

It’s highly recommended. Estate law varies by state, and a lawyer ensures your plan is legally sound and personalized.

What happens to shared property if one partner dies?

It depends on how the property is titled. If held as joint tenants, it goes to the surviving partner; otherwise, it may go through probate.

How often should we update our estate plan?

Every 3–5 years or after major life changes—like buying a home, having a child, or a change in relationship status.

Secure Your Future with a Personalized Plan

Estate planning for unmarried couples isn’t just a luxury—it’s a necessity. Without the legal benefits of marriage, you must take proactive steps to safeguard your rights and your partner’s future. Whether it’s drafting a will, setting up a trust, or ensuring proper healthcare documents, the effort you put in now can spare your loved one significant legal and emotional hardship later.

Work with an experienced estate planning attorney to craft a personalized, state-compliant plan. It’s the smartest move unmarried couples can make to protect what matters most.

DANIELYS CARDOSO

Danielys is an experienced Estate Planning Attorney who helps Florida families and professionals protect their legacy with customized wills and trusts through her boutique law firm.

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